Systems of Records Published Between January 3, 2022 and December 29, 2023

-1 Foreign Service Personnel Records.

United States Agency for International Development (USAID), 1300 Pennsylvania Avenue, NW, Washington, DC 20523 and other USAID offices in the United States and throughout the world; U.S. Department of Agriculture (USDA), National Finance Center (NFC), New Orleans, LA 70129; U.S. Department of the Treasury, Internal Revenue Service, IRS-Enterprise Computing Center-Detroit, Detroit, MI 48232; Washington National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001; and National Personnel Records Center, National Archives and Records Administration (NARA), 111 Winnebago Street, St. Louis, MO 63118.

The system encompasses all individuals who are current or former employees hired under the Foreign Service Act authority by 1) USAID or 2) another federal agency and on detail to USAID.

This system consists of records created or compiled for Foreign Service Act personnel actions, including official personnel files; work experience, education level achieved, and specialized education or training obtained both inside and outside of Foreign Service; Federal service, past and present positions held, grades, salaries, duty station locations; notices of all personnel actions, such as appointments, transfers, reassignments, details, promotions, demotions, reductions-in-force, resignations, separations, suspensions, and removals; life and health insurance benefits; position classification; recruiting, examining, and placement; disability, race/ethnicity, and national origin classification data; evaluation and performance management; employee conduct and discipline; executive assignments; orientation and training; awards and incentives; workers compensation; designations for lump-sum death benefits; classified information nondisclosure agreements; Thrift Savings Plan; and ethics pledges and all pledge waiver certifications. Medical records, forms, and reports are included when they are related to the application for and employment as a Foreign Service position, including health records related to workers’ compensation claims, employee health promotion and wellness activities, and drug testing. All categories of records may include identifying information, such as name, Social Security Number, mailing address, home telephone number, cell phone number, resume, clearance level, pay grade, salary, direct-deposit financial information, position title, and position number.

The system was established and is maintained pursuant to 5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 302, Delegation of Authority; 22 U.S.C. Ch. 32, Foreign Assistance, Subchapter I, International Development; 22 U.S.C. Ch. 52, Foreign Service.

The records are collected, used, maintained, and disseminated for the purpose of documenting all processes associated with individual Foreign Service employment histories and career progression, including screening qualifications of employees; determining status, eligibility, and employee’s rights and benefits; computing length of service; other Foreign Service personnel services; and making personnel management determinations about Foreign Service personnel throughout their Foreign Service careers.

In addition to those disclosures generally permitted under 5 U.S.C. § 552a(b), all or a portion of the records contained in this system of records may be disclosed outside USAID as a routine use pursuant to 5 U.S.C. § 552a(b)(3) as follows:

(1) To a court, magistrate, or other administrative body in the course of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal proceedings, when USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(2) To the Department of Justice or other appropriate Federal Government agency when the records are arguably relevant to a proceeding in a court or other tribunal in which USAID or a USAID official in his or her official capacity is a party or has an interest, or when the litigation is likely to affect USAID.

(3) To a Federal Government agency or entity that furnished the record or information for the purpose of permitting that agency or entity to make a decision as to access to or correction of the record or information.

(4) In the event of an indication of a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by statute or particular program pursuant thereto, to the appropriate agency, whether federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto.

(5) To the Department of State and its posts abroad for the purpose of transmission of information between organizational units of the Agency, or for purposes related to the responsibilities of the Department of State in conducting United States foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their duties.

(6) To a foreign government or international agency in response to its request for information to facilitate the conduct of U.S. relations with that government or agency through the issuance of such documents as visas, country clearances, identification cards, drivers' licenses, diplomatic lists, licenses to import or export personal effects, and other official documents and permits routinely required in connection with the official service or travel abroad of the individual and his or her dependents.

(7) To Federal agencies with which USAID has entered into an agreement to provide services to assist USAID in carrying out its functions under the Foreign Assistance Act of 1961, as amended. Such disclosures would be for the purpose of transmission of information between organizational units of USAID; of providing to the original employing agency information concerning the services of its employee while under the supervision of USAID, including performance evaluations, reports of conduct, awards and commendations, and information normally obtained in the course of personnel administration and employee supervision; or of providing other information directly related to the purposes of the inter-agency agreement as set forth therein, and necessary and relevant to its implementation.

(8) To appropriate officials and employees of a Federal Government agency or entity when the information is relevant to a decision concerning the hiring, appointment, or retention of an employee; the assignment, detail or deployment of an employee; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance of a grant or benefit.

(9) To a committee or subcommittee of Congress and the Government Accountability Office for the purposes of responding to inquiries.

(10) To the National Archives and Records Administration, Information Security Oversight Office, Interagency Security Classification Appeals Panel, for the purpose of adjudicating an appeal from a USAID denial of a request for mandatory declassification review of records, made under the applicable executive order(s) governing classification.

(11) To the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review administrative agency policies, procedures, and compliance with the Freedom of Information Act, and to facilitate OGIS’ offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.

(12) To the National Archives and Records Administration for the purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

(13) To a former employee of USAID for purposes of responding to an official inquiry by a Federal, State, or local government entity or professional licensing authority, in accordance with applicable agency regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where USAID requires information and/or consultation assistance from the former employee regarding a matter within that person’s former area of responsibility.

(14) To appropriate agencies, entities, and persons when (1) USAID suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) USAID has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the USAID or another agency, entity, or person) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

(15) To attorneys, union representatives, or other persons designated by USAID employees in writing to represent them in complaints, grievance, appeal, or litigation cases.

(16) To requestors in determining a former spouse's entitlement to benefits and other inquiries related to retirement benefits.

(17) To labor organization officials when such information is relevant to personnel policies affecting employment conditions and necessary for exclusive representation by the labor organization.

(18) To officials of foreign governments and other U.S. government agencies for clearance before a Federal employee is assigned to that country as well as for the procurement of necessary services for American personnel assigned overseas, such as permits of free entry and identity cards.

(19) To the Department of Labor, Department of Veterans Affairs, Social Security Administration, Department of Defense, or any other Federal agencies that have special civilian employee retirement and disability programs; or to a national, state, county, municipal, or other publicly recognized income administration agency (e.g. State unemployment compensation agencies), when necessary to adjudicate a claim under the retirement, insurance, unemployment or health benefits programs of USAID or an agency cited above, or to an agency to conduct an analytical study or audit of benefits being paid under such programs.

(20) To the Office of Federal Employees Group Life Insurance, information necessary to verify election, declination, or waiver of regular and/or optional life insurance coverage, or eligibility for payment of a claim for life insurance.

(21) To health insurance carriers contracting with the Federal government to provide a health benefits plan under the Federal Employees Health Benefits Program, information necessary to identify enrollment in a plan, to verify eligibility for payment of a claim for health benefits, or to carry out the coordination or audit of benefit provisions of such contracts.

(22) To any person who is responsible for the care of an individual to whom a record pertains who is mentally incompetent or under other legal disability. Information in the individual's record may be disclosed to said person to the extent necessary to assure payment of benefits to which the individual is entitled.

(23) To public and private organizations, including news media, which grant or publicize employee recognition to consider and select employees for incentive awards and other honors and to publicize awards and honors granted.

(24) To the Department of Justice in connection with proceedings before a court, adjudicative body, or other administrative body when any of the following is a party to litigation or has an interest in such litigation and USAID determines that the use of such records is arguably relevant and necessary to the litigation of (1) the USAID or any component thereof, (2) any employee of the USAID in his or her official capacity, (3) any employee of the USAID in his or her individual capacity where the Department of Justice or the USAID has agreed to represent the employee, or (4) the United States, when the USAID determines that litigation is likely to affect the USAID or any of its components.

(25) To implement court decisions and/or terms of settlement agreements reached by the parties.

(26) To prepare reports to the courts in compliance with monitoring requirements.

(27) To courts or federal agencies including, but not limited to, the Equal Employment Opportunity Commission, the Foreign Service Grievance Board, and the Merit Systems Protection Board, in response to an order directing the production of personnel records.

(28) To other Government agencies and private organizations, institutions or individuals to verify employment, to process security clearances and to request record or credit checks.

(29) To officials of other Federal agencies for purposes of performance of official duties in support of the functions for which the records were collected and maintained.

(30) To disclose information to Equal Employment Opportunity (EEO) counselors and EEO investigators in connection with EEO complaints and to the Equal Employment Opportunity Commission when requested in connection with investigations of alleged or possible discrimination practices in the Federal sector, examination of Federal affirmative employment programs, compliance by Federal agencies with the Uniform Guidelines on Employee Selection Procedures, or other functions vested in the Commission.

(31) To the Department of Labor's Office of Workers' Compensation programs relating to benefits under the Federal Employees Compensation Act.

(32) To disclose information to the news media and the public when a matter involving the USAID has become public knowledge; the Assistant Administrator Under Secretary for Management determines that in response to the matter in the public domain, disclosure is necessary to provide an accurate factual record on the matter; and the Assistant Administrator for Management determines that there is a legitimate public interest in the information disclosed.

Storage:

Paper and microfiche records are maintained by USAID and are safeguarded in secured cabinets within secured rooms. The electronic records are stored in the HR Connect system, Electronic Official Personnel File (eOPF) system, and National Finance Center Payroll/Personnel System, which are safeguarded in accordance with applicable rules and policies, including all applicable USAID automated systems security and access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the records is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.

Records are retrieved by the name of the Foreign Service personnel and numeric identifier.

Information in this system is safeguarded in accordance with applicable laws, rules and policies, including the agency’s automated directive system. In general, records and technical equipment are maintained in buildings with restricted access. The required use of password protection identification features and other system protection methods also restrict access. Access is limited to those officers and authorized USAID employees who have an official need to access the records in the performance of their official duties.

Records are retained and disposed of in accordance with the National Archives Records Administration’s General Records Disposition Schedules and the agency’s approved disposition schedules.

Director, Foreign Service Center, Human Capital and Talent Management, United States Agency for International Development, Office of Human Resources, 1300 Pennsylvania Avenue, NW, Washington, DC 20523.

Same as Record Access Procedures.

Under the Privacy Act, individuals may request access to records about themselves. If an agency or a person, who is not the individual who is the subject of the records, requests access to records about an individual, the written consent of the individual who is the subject of the records is required.

Requesters may submit requests for records under the Privacy Act: (1) by mail to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue, NW, Room 2.07C – RRB, Washington, DC 20523-2701; (2) via Facsimile to 202-216-3070; (3) via email to foia@usaid.gov; (4) on the USAID website at www.usaid.gov/foia-requests; or (5) in person during regular business hours at USAID, 1300 Pennsylvania Avenue, NW, Washington, DC 20523-2701, or at USAID overseas missions.

Requesters using 1 through 4 may provide a written statement or may complete and submit USAID Form 507-1, Freedom of Information / Privacy Act Record Request Form, which can be obtained: (a) on the USAID website at www.usaid.gov/foia -requests; (b) by email request to foia@usaid.gov; or (c) by writing to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue, NW, Room 2.07C – RRB, Washington, DC 20523-2701, and provide information that is necessary to identify the records, including the following: Requester’s full name; present mailing address; home telephone; work telephone; name of subject, if other than requester; requester relationship to subject; description of type of information or specific records; and purpose of requesting information. Requesters should provide the system of record identification name and number, if known; and, to facilitate the retrieval of records contained in those systems of records which are retrieved by Social Security Numbers, the Social Security Number of the individual to whom the record pertains.

In addition, requesters using 1 through 4 must include proof of identity information by providing copies of two (2) source documents that must be notarized by a valid (un-expired) notary public. Acceptable proof-of-identity source documents include: an unexpired United States passport; Social Security Card (both sides); unexpired United States Government employee identity card; unexpired driver’s license or identification card issued by a state or United States possession, provided that it contain a photograph; certificate of United States citizenship; certificate of naturalization; card showing permanent residence in the United States; United States alien registration receipt card with photograph; United States military card or draft record; or United States military dependent’s identification card.

Requesters using 1 through 4 must also provide a signed and notarized statement that they are the person named in the request; that they understand that any falsification of their statement is punishable under the provision of 18 USC 1001 by a fine, or by imprisonment of not more than five years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisonment of not more than eight years, or both; and that requesting or obtaining records under false pretenses is punishable under the provisions of 5 USC 552a(i)(3) as a misdemeanor and by a fine of not more than $5,000.

Requesters using 5 must provide such personal identification as is reasonable under the circumstances to verify the requester’s identity, including the following: an unexpired United States passport; Social Security Card; unexpired United States Government employee identity card; unexpired driver’s license or identification card issued by a state or United States possession, provided that it contain a photograph; certificate of United States citizenship; certificate of naturalization; card showing permanent residence in the United States; United States alien registration receipt card with photograph; United States military card or draft record; or United States military dependent’s identification card.

Individuals seeking to contest or amend records maintained on himself or herself must clearly and concisely state that information is being contested, and the proposed amendment to the information sought. Requests to amend a record must follow the Record Access Procedures above.

These records contain information provided directly by the individuals who are the subject of these records; and from administrative officers in USAID bureaus and missions, Office of Human Resources employees, and other sources of records maintained in the official personnel files of Foreign Service personnel.

Pursuant to 5 U.S.C. 552a (k)(1), subject to the provisions of section 552(b)(1), records are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f) to protect material required to be kept Secret. Pursuant to 5 U.S.C. 552a (k)(4), records contained within this system that are maintained solely for statistical purposes are also exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). Pursuant to 5 U.S.C. 552a (k)(5) and (k)(7), certain records contained within this system contain confidential source information and are exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). Pursuant to 5 U.S.C. 552a (k)(6), records that contain testing or examination material the release of which may compromise testing or examination procedures are also exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). See USAID Rules published in 22 CFR 215.13 and 215.14.

-8

Personnel Security and Suitability Investigations Records, USAID-008.

Classified – Secret.

Records covered by this system are maintained at the following locations: (Paper) USAID Office of Security, 1300 Pennsylvania Avenue, Washington, DC 20523; (Electronic copies) AWS East Ashburn, 21155 Smith Switch Road, Ashburn, VA, USA and AWS West Oregon, 73575 Lewis & Clark Drive Boarman, Oregon, 97818.

Director of the Office of Security, United States Agency for International Development: Office of Security, RRB, Suite 2.06-A, 1300 Pennsylvania Ave. NW, Washington, DC 20523.

The Foreign Assistance Act of 1961 (FAA), as amended; Executive Order 10450: Security requirements for Government Employment; Homeland Security Presidential Directive 12 (HSPD-12): Policy for a Common Identification Standard for Federal Employees and Contractors; Executive Order 12968: Access to Classified Information; Executive Order 12333: United States Intelligence Activities; Executive Order 13381: Strengthening Processes Relating to Determining Eligibility for Access to Classified National Security Information; Executive Order 13467: Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information; Executive Order 13488: Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust; and the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), and E.O. 9397 (SSN), as amended; E.O. 14042: Ensuring Adequate Safety Protocols for Federal Contractors; E.O. 14043: Requiring Coronavirus Disease 2019 Vaccination for Federal Employees; 5 U.S.C. 301, Departmental Regulations authorizes the operations of an executive agency, including the creation, custodianship, maintenance and distribution of records; and 44 U. S.C. 3101, Records management by agency heads.

The Office of Security gathers information in order to create investigative records, which are used for processing personal security background investigations to determine eligibility to be awarded a federal security clearance, suitability or fitness determination for federal employment, access to federally owned/controlled facilities and access to federally owned/controlled information systems.

Categories of individuals maintained in this system are: current and former USAID employees; contractor personnel (Personal Service Contractors and Institutional Contractors); applicants for employment; persons and entities performing business with USAID to include consultants, volunteers, grantees and recipients; individuals employed from other Federal Agencies through a detail, Participating Agency Service Agreement, Resources Support Services Agreement, or the Interagency Personnel Act; individuals working at USAID through government agreements (second agreement); paid and unpaid interns; and visitors requiring access to USAID facilities; and the U.S. Citizen and/or non-U.S. Citizen spouse, intended spouse, family members, and/or cohabitants of the above listed individuals and other individuals who provide personal references for USAID employees and contractors.

Categories of records maintained in this system include:

•Individual’s Contact Information, including: Name, Employee Identification Numbers, Job Title/Series, Grade, Home/Work Address, Home/Work Telephone Number, Names and Addresses of family members.

•Individual’s Biographical Information, including: Date of Birth, Place of Birth, Citizenship status, Educational institutions attended, Military service, Financial information, including credit reports.

•Individual’s Social Security Number (or other identifying number).

•Demographic Information: Race, Gender, Sexual Orientation, Marital Status.

•Employment information, such as employment history, records related to work performance or conduct issues, such as records of referrals, leave usage, supervisory/organizational interventions.

•Facility Access Information: Authorizations/restrictions, fingerprints, photographs, previous clearances levels granted; resulting clearance levels; documentation of release of security files; request for special access; records of infractions; and records of facility accesses and credentials issued.

•Individual’s Character Information, such as Conduct and behavior in the community where they presently live and/or previously lived; Arrests and/or Convictions, Reports from Interviews and other inquiries.

•Electronic communication cables, such as email and instant messages, as well as,

•Medical records, such as vaccination records, test results, medical clearances, and insurance information.

Note 1: Listed below are other types of records that contain information about employee health and fitness, which are not covered by this system of records. Such records are covered by a government-wide system of records OPM/GOVT-10, which is managed by the Office of Personnel Management. Records covered by OPM/GOVT-10 include:

•Medical records, forms, and reports completed or obtained when an individual applies for a Federal job and is subsequently employed;

•Medical records, forms and reports completed during employment as a condition of employment, either by the USAID or by another State or local government entity, or a privacy sector entity under contract to USAID.

•Records pertaining to and resulting from drug screening for use of illegal drugs under Executive Order 12564.

Information in this system is obtained from the individual on whom it applies; independent sources such as other government agencies, state/local government; law enforcement agencies; credit bureaus; medical providers; educational institutions; private organizations; information provided by personal references; and through source interviews.

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), all or a portion of the records contained in this system of records may be disclosed outside USAID as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

(1) To consumer reporting agencies in order to obtain consumer credit reports.

(2) To federal, international, state, and local law enforcement agencies, U.S. Government Agencies, courts, the Department of State, Foreign Governments, to the extent necessary to further the purposes of an investigation.

(3) Results of the investigation may be disclosed to the Department of State or other Federal Agencies for the purposes of granting physical and/or logical access to federally owned or controlled facilities and/or information systems in accordance with the requirements set forth in HSPD-12.

(4) To a court, magistrate, or other administrative body in the course of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal proceedings, when USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(5) To the Department of Justice or other appropriate United States Government Agency when the records are arguably relevant to a proceeding in a court or other tribunal in which USAID or a USAID official in his or her official capacity is a party or has an interest, or when the litigation is likely to affect USAID.

(6) In the event of an indication of a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by statute or particular program pursuant thereto, to the appropriate agency, whether federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto.

(7) To the Department of State and its posts abroad for the purpose of transmission of information between organizational units of USAID, or for purposes related to the responsibilities of the Department of State in conducting United States foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, ensuring fiscal accountability in transporting the effects personnel stationed at embassies, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their duties.

(8) To a foreign government or international agency in response to its request for information to facilitate the conduct of U.S. relations with that government or agency through the issuance of such documents as visas, country clearances, identification cards, drivers' licenses, diplomatic lists, licenses to import or export personal effects, and other official documents and permits routinely required in connection with the official service or travel abroad of the individual and his or her dependents.

(9) To Federal agencies with which USAID has entered into an agreement to provide services to assist USAID in carrying out its functions under the Foreign Assistance Act of 1961, as amended. Such disclosures would be for the purpose of transmission of information between organizational units of USAID; of providing to the original employing agency information concerning the services of its employee while under the supervision of USAID, including performance evaluations, reports of conduct, awards and commendations, and information normally obtained in the course of personnel administration and employee supervision; or of providing other information directly related to the purposes of the inter-agency agreement as set forth therein, and necessary and relevant to its implementation.

(10) To appropriate officials and employees of a federal agency or entity when the information is relevant to a decision concerning the hiring, appointment, or retention of an employee; the assignment, detail or deployment of an employee; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance of a grant or benefit.

(11) To the National Archives and Records Administration for the purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

(12) To the Office of Management and Budget (OMB), in connection with review of private relief legislation, as set forth in OMB Circular A-19, at any stage of the legislative coordination and clearance process, as set forth in that Circular.

(13) To a former employee of USAID for purposes of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable agency regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the agency requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility.

(14) To appropriate agencies, entities, and persons when (a) USAID suspects or has confirmed that there has been a breach of the system of records, (b) USAID has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, USAID (including its information systems, programs, and operations), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(15) To another Federal Department or Agency or Federal entity, when USAID determines information from this system of records is reasonably necessary to assist the recipient Department or Agency or entity in: (a) responding to a suspected or confirmed breach; or (b) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs and operations), the Federal Government, or national security, that might result from a suspected or confirmed breach.

(16) To a congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual.

(17) To the Federal Bureau of Investigation, the Department of Homeland Security, the National Counter-Terrorism Center (NCTC), the Terrorist Screening Center (TSC), or other appropriate federal agencies, for the integration and use of such information to protect against terrorism, if that record is about one or more individuals known, or suspected, to be or to have been involved in activities constituting, in preparation for, in aid of, or related to terrorism. Such information may be further disseminated by recipient agencies to Federal, State, local, territorial, tribal, and foreign government authorities, and to support private sector processes as contemplated in Homeland Security Presidential Directive/HSPD–6 and other relevant laws and directives, for terrorist screening, threat-protection and other homeland security purposes.

(18) To the Foreign Service Grievance Board in the course of the Board's consideration of matters properly before it.

USAID stores records in this system in electronic format and paper format. Records in paper format are stored in file folders in locked cabinets. Records in electronic format are kept in a user-authenticated and password-protected computerized database system. Records that contain national security information and are classified are stored in accordance with applicable executive orders, statutes, and Agency implementing regulations.

Records are retrievable by last name, social security number, and/or USAID assigned case number or other unique identifier attributed to the individual.

Records are retained and disposed of in accordance with disposition schedules approved by USAID and NARA General Records Schedule 5. 6-Security Records for Electronic Records shall apply.

Records are kept within the Office of Security secured space. Access to this space is controlled by electronic card readers, office personnel to control access, visitor escorts policy and supplemented by an armed response force. Administrative safeguards of records are provided through the use of internal Standard Operating Procedures and routine appraisal reviews of the personnel security and suitability program by the Director of National Intelligence and the Office of Personnel Management.

USAID has implemented controls to minimize the risk of compromising the information that is being stored. Access to the system containing the records in this system is limited to those individuals who have a need to know the information for performance of their official duties and who have appropriate clearances and permissions. USAID ensures that the practices stated in the Cross Match and Security Investigations Database Privacy Impact Assessments are followed by leveraging standard operating procedures (SOP), training, policies, rules of behavior, and auditing and accountability.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4. 0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, and telephone number and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

If executed outside the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)."

If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)."

The USAID rules for accessing records, contesting contents, and appealing initial agency determinations are contained in 22 C.F.R. § 212 or may be obtained from the program manager or system owner.

Individuals seeking to determine if information about themselves is contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2. 4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. Individuals may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

Under the specific authority provided by subsection (k) (1), (3), and (5) of 5 U.S.C. 552a, USAID has promulgated rules specified in 22 C.F.R. 215.14, that exempts this system from notice, access, and amendment requirements of 5 U.S.C. 552a, subsections (c) (3), (d); (e) (1); (e) (4); (G); (H); (I); and (f). USAID claims these exemptions to protect the materials required by Executive Order to be kept secret in the interest of national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to ensure the proper functioning and integrity of law-enforcement activities, to prevent the disclosure of investigative techniques, to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources, and to facilitate the proper selection or continuance of the best applicants or persons for a given position.

USAID modified the Personnel Security and Suitability Investigations Records system of records on April 17, 2008 (75 FR 20905).

USAID modified the Personnel Security and Suitability Investigations Records system of records on May 1, 2013 (78 FR 25414).

-9 Criminal Law Enforcement Records System

Sensitive But Unclassified.

Terremark NAP of the Americas, 2 S Biscayne Blvd., Miami, FL 33131.

In connection with its investigative duties, OIG maintains records in its Criminal law Enforcement Records System on the following categories of individuals insofar as they are relevant to any investigation or preliminary inquiry undertaken to determine whether to commence an investigation: complainants; witnesses; confidential and non-confidential informants; contractors; subcontractors; recipients of federal assistance or funds and their contractors/subcontractors and employees; individuals threatening USAID employees or the USAID Administrator; current, former, and prospective employees of USAID; alleged violators of USAID rules and regulations; union officials; individuals investigated and/or interviewed; persons suspected of violations of administrative, civil, and/or criminal provisions; grantees; sub-grantees; lessees; licensees; and other persons engaged in official business with USAID.

The system contains investigative reports and materials gathered or created with regard to investigations of administrative, civil, and criminal matters by OIG and other Federal, State, local, tribal, territorial, or foreign regulatory or law enforcement agencies. Categories of records may include: complaints; request to investigate; information contained in criminal, civil, or administrative referrals; statements from subjects, targets, and/or witnesses; affidavits, transcripts, police reports, photographs, and/or documents relative to a subject's prior criminal record; medical records, accident reports, materials and intelligence information from other governmental investigatory or law enforcement organizations; information relative to the status of a particular complaint or investigation, including any determination relative to criminal prosecution, civil, or administrative action; general case management documentation; subpoenas and evidence obtained in response to subpoenas; evidence logs; pen registers; correspondence, records of seized property; reports of laboratory examination; reports of investigation; and other data or evidence collected or generated by OIG's Office of Investigations during the course of conducting its official duties.

The Inspector General Act of 1978, 5 U.S.C. App. 3, as amended.

The records contained in this system are used by OIG to carry out its statutory responsibilities under the Inspector General Act of 1978, as amended, to conduct and supervise investigations relating to programs and operations of USAID; to promote economy, efficiency, and effectiveness in the administration of such programs and operations; and to prevent and detect fraud, waste, and abuse in such programs and operations. The records are used in the course of investigating individuals and entities suspected of having committed illegal or unethical acts, and in conducting related criminal prosecutions, civil proceedings, and administrative actions.

USAID's routine uses, see 42 FR 47371 (September 20, 1977) and 59 FR 52954 (October 20, 1994), apply to this system of records. As additional routine uses for this records system, USAID/OIG may disclose information in this system as follows:

(a) Disclosure to the Department of Justice (DOJ) or a legal representative designated by a Federal Agency in circumstances in which:

(1) USAID or OIG, or any component thereof:

(2) Any employee of USAID or OIG in his or her official capacity;

(3) Any employee of USAID or OIG in his or her individual capacity, where the DOJ has agreed to represent or is considering a request to represent the employee; or

(4) The United States or any of its components is a party to pending or potential litigation or has an interest in such litigation, USAID or OIG will be affected by the litigation, or USAID or OIG determines that the use of such records by the DOJ is relevant and necessary to the litigation; provided, however, that in each case, USAID or OIG determines that disclosure of the records to the DOJ is a use of the information that is compatible with the purpose for which the records were collected.

(b) Disclosure to any source from which additional information is requested in order to obtain information relevant to:

(1) A decision by either USAID or OIG concerning the hiring, assignment, or retention of an individual or other personnel action;

(2) The issuance, renewal, retention, or revocation of a security clearance;

(3) The execution of a security or suitability investigation;

(4) The letting of a contract; or

(5) The issuance, retention, or revocation of a license, grant, award, contract, or other benefit to the extent the information is relevant and necessary to a decision by USAID or OIG on the matter.

(c) Disclosure to a Federal, State, local, foreign, tribal, territorial, or other public authority in response to its request in connection with:

(1) The hiring, assignment, or retention, of an individual;

(2) The issuance, renewal, retention or revocation of a security clearance;

(3) The execution of a security or suitability investigation;

(4) The letting of a contract; or

(5) The issuance, retention, or revocation of a license, grant, award, contract, or other benefit conferred by that entity to the extent that the information is relevant and necessary to the requesting entity's decision on the matter.

(d) Disclosure in the event that a record, either by itself or in combination with other information, indicates a violation or a potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or particular program stature, or by regulation, rule, or order issued pursuant thereto; or a violation or potential violation of a contract provision. In these circumstances, the relevant records in the system may be referred, as a routine use, to the appropriate entity, whether Federal, State, tribal, territorial, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation, order or contract.

(e) Disclosure to any source from which additional information is requested, either private or governmental, to the extent necessary to solicit information relevant to any investigation, audit, or evaluation.

(f) Disclosure to a foreign government pursuant to an international treaty, convention, or executive agreement entered into by the United States.

(g) Disclosure to contractors, grantees, consultants, or volunteers performing or working on a contract, service, grant, cooperative agreement, job or other activity for USAID or OIG, who have a need to access the information in the performance of their duties or activities. When appropriate, recipients will be required to comply with the requirements of the Privacy Act of 1974 as provided in 5 U.S.C. 552a(m).

(h) Disclosure to representatives of the Office of Personnel Management, the Office of Special Counsel, the Merit Systems Protection Board, the Federal Labor Relations Authority, the Equal Employment Opportunity Commission, the Office of Government Ethics, and other Federal agencies in connection with their efforts to carry out their responsibilities to conduct examinations, investigations, and/or settlement efforts, in connection with administrative grievances, complaints, claims, or appeals filed by an employee, and such other functions promulgated in 5 U.S.C. 1205-06.

(i) Disclosure to a grand jury agent pursuant to a Federal or State grand jury subpoena or to a prosecution request that such record be released for the purpose of its introduction to a grand jury.

(j) Disclosure in response to a facially valid subpoena for the record.

(k) Disclosure to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904, 2906.

(l) Disclosure to the Departments of the Treasury and Justice in circumstances in which OIG seeks to obtain, or has in fact obtained, and ex parte court order to obtain tax return information from the Internal Revenue Service.

(m) Disclosure to any Federal official charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures employed in investigative operations for purposed of reporting to the President and Congress on the activities of OIF as contemplated by the Homeland Security Act of 2002 (Pub. L. 107-296; November 25, 2002). This disclosure category includes other Federal offices of inspectors general and members of the President's Council on Integrity and Efficiency, and officials and administrative staff within their investigative chain of command, as well as authorized officials of DOJ and its component, the Federal Bureau of Investigation.

Disclosure to consumer reporting agencies:

Not applicable.

Storage:

Paper records and all other media (photographs, audio recordings, diskettes, CD's etc) are stored in GSA-approved security containers with combination locks in a secured area. Electronic records are password protected and maintained on a file server in locked facilities that are secured at all times by security systems and video surveillance cameras.

Records are retrieved in a database by name and or alias, as well as by non-personally identifiable information, such as case number.

Access to paper records is restricted to authorized OIG employees on a need-to-know basis. At all times, paper records are maintained in locked safes in a secured area in offices that are occupied by authorized OIG employees. Access to electronic records is restricted to authorized OIG staff members on a need-to-know basis. Each person granted access to the system must be individually authorized to use the system.

Disclosure of records maintained electronically is restricted through the use of passwords. The computer servers in which records are stored are password protected. Passwords are changed on a cyclical basis. The computer servers are located in locked facilities that are secured at all times by security systems and video surveillance cameras. The security systems provide immediate notification of any attempted intrusion to USAID Security personnel. All data exchanged between the servers and individual computers is encrypted. Backup tapes are stored in a locked and controlled room in a secure, off-site location.

Records relating to persons covered by this system are retained for two or five years after the investigation is closed. If an investigation does not involve allegations against a senior level USAID employee, is not of congressional interest, or does not yield a reportable result, the records within the closed case file are maintained for a period of two years from the date of closing by OIG. If the investigation yields a reportable result, has congressional interest, or involves allegations against a senior level USAID employee, the records within the closed case file will be retained for five years from the date of closing by OIG. After the applicable period (two or five years), closed investigative files will be sent from USAID, Office of Inspector General, 1300 Pennsylvania Ave. NW., Washington, DC 20523, to the Washington National Records Center in Suitland, Maryland, where they will be retained for fifteen years, and subsequently destroyed. Any electronic file that qualifies as a record will be printed out and treated as a hard-copy record for disposition purposes.

Records in this system are exempt from notification, access, and amendment procedure in accordance with subsections (j) and (k) of 5 U.S.C. 552a, and 22 CFR 215.13 and 215.14. Individuals requesting notification of the existence of records on themselves should send their request to the System Manager (see information above). The request must be in writing and include the requester's full name, his or her current address, his or her date and place of birth, and a return address for transmitting the information. The request shall be signed by either notarized signature or by signature under penalty of perjury. Requesters shall also reasonably specify the record contents being sought.

Individuals wishing to request access to a record on himself or herself must submit the request in writing according to the "Notification Procedures" above.

An individual requesting amendment of a record maintained on himself or herself must identify the information to be changed and the corrective action sought. Requests must follow the "Notification Procedures" above.

OIG collects information from a wide variety of sources, including information from USAID and other Federal, State and local agencies, subjects, witnesses, complainants, confidential and/or non-confidential sources, and other nongovernmental entities.

Under the specific authority provided by subsection (j)(2) of 5 U.S.C. 552a, USAID has adopted regulations, 22 CFR 215.13 and 215.14, which exempt this system from the notice, access, and amendment requirements of 5 U.S.C. 552a, except subsections (b); (c)(1) and (2); (e)(4)(A) through (F); (e)(6), (7), (9), (10), and (11); and (i). If the provision found at subsection (j)(2) of 5 U.S.C. 552a is held to be invalid, then, under subsections (k)(1) and (2) of 5 U.S.C. 552a, this system is determined to be exempt from the provisions of subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f) of 5 U.S.C. 552a. See 57 FR 38276, 38280-81 (August 24, 1992). The reasons for adoption of 22 CFR 215.13 and 215.14 are to protect the materials required by Executive order to be kept secret in the interest of national defense of foreign policy, to maintain the integrity of the law enforcement process, to ensure the proper functioning and integrity of law enforcement activities, to prevent disclosures of investigative techniques, to maintain the ability to obtain necessary information, to prevent subjects of investigation from frustrating the investigatory process, to avoid premature disclosure of the knowledge of criminal activity and the evidentiary basis of possible enforcement actions, to fulfill commitments made to sources to protect their identities and the confidentiality of information, and to avoid endangering these sources and law enforcement personnel.

-16 Employee Time, Attendance, and Payroll Records.

Records are maintained at United States Agency for International Development (USAID) offices in Washington, DC 20523 and other USAID offices in the United States and throughout the world; U.S. Department of State COOP Beltsville (BIMC), 8101 Odell Road, Floor/Room – 173, Beltsville, MD 20705; and USAID payroll and information technology services provider locations such as Terremark, 50 NE 9th Street, Miami, FL 33132, and Global Financial Service Center (GFSC-DoS) 1969 Dyess Avenue, Building A, computer Room 2A228, Charleston, SC 29405.

The system encompasses all individuals who are current or former Civil Service and Foreign Service employees of USAID, including direct-hire employees assigned to positions in the United States and direct-hire employees assigned to positions overseas; and all individuals who are personal services contractors paid by USAID.

This system of records consists of any and all records essential to the conduct of payroll-related activities. These records may contain the following types of information:

(1) Payroll Records: taxes, various deductions, garnishments, salary data, retirement data, pay period, fiscal year data, benefits, and direct deposit information.

(2) Personnel Records: Social Security Number, employee’s name, date of birth, gender, race or national origin, disability data, address data, duty location, position data, awards and bonuses, employment verification information, reinstatement and separation data, travel and relocation data, transfer data, education and training data, employee death records, and military and veterans data.

(3) Time and Attendance Records: Number and type of hours worked (such as regular, overtime, night differential, Federal Equal Pay Act (FEPA), and Sunday differential), compensatory time earned and used, compensatory travel earned, Fair labor Standards Act compensation, tour of duty data, leave requests, leave balances and credits, training time, voluntary leave transfer records, and military leave.

(4) Data Reporting and Personnel and Pay Processing Tables: Nature of action codes, Civil Service authority codes, standard remarks, signature block table, position title table; financial organization table; and salary tables.

The system was established and is maintained pursuant to 5 U.S.C. 301, Departmental Regulations; 5 U.S.C. Part III, Employees, Subpart D, Pay and Allowances; 22 U.S.C. Ch. 14, Foreign Service, Subchapter I, General Provisions; 22 U.S.C. Ch. 52, Foreign Service, Subchapter IV, Compensation; 26 U.S.C. 6109, Identifying numbers; 31 U.S.C. 3512, Executive agency accounting and other financial management reports and plans, and 3513, Financial reporting and accounting system; 42 U.S.C. 659, Consent by United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations; 44 U.S.C. 3101, Records management by agency heads; general duties; Executive Order 9397, Numbering System for Federal Accounts Relating to Individual Persons, EO 9397, 3 CFR, 1943-1948 Comp., p. 283, as amended by E.O. 13478, Amendments To Executive Order 9397 Relating To Federal Agency Use of Social Security Numbers, 73 FR 70279 (Nov. 18, 2008).

The purposes of this system are to ensure proper payment of salary and benefits to USAID personnel and to track time worked for reporting and compliance purposes.

(1) To a court, magistrate, or other administrative body of competent jurisdiction for the purposes of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal proceedings, when USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(2) To the Department of Justice or other appropriate United States Government Agency when the records are arguably relevant to a proceeding in a court or other tribunal of competent jurisdiction in which USAID or a USAID official in his or her official capacity is a party or has an interest, or when the litigation is likely to affect USAID.

(3) In the event of an indication of a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by statute or particular program pursuant thereto, to the appropriate agency, whether federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto.

(4) To the Department of State and its posts abroad for the purposes of transmission of information between organizational units of the Agency, or for purposes related to the responsibilities of the Department of State in conducting United States foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their duties.

(5) To a foreign government or international agency in response to its request for information to facilitate the conduct of U.S. relations with that government or agency through the issuance of such documents as visas, country clearances, identification cards, drivers' licenses, diplomatic lists, licenses to import or export personal effects, and other official documents and permits routinely required in connection with the official service or travel abroad of the individual and his or her dependents.

(6) To Federal agencies with which the Agency has entered into an agreement to provide services to assist the Agency in carrying out its functions under the Foreign Assistance Act of 1961, as amended. Such disclosures would be for the purposes of transmission of information between organizational units of the Agency; of providing to the original employing agency information concerning the services of its employee while under the supervision of the Agency, including performance evaluations, reports of conduct, awards and commendations, and information normally obtained in the course of personnel administration and employee supervision; or of providing other information directly related to the purposes of the inter-agency agreement as set forth therein, and necessary and relevant to its implementation.

(7) To Federal, State, local, foreign, and international agencies when the information is relevant to a decision concerning the hiring, appointment, or retention of an employee; the assignment, detail or deployment of an employee; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance of a grant or benefit.

(8) To the National Archives and Records Administration for the purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

(9) To a former employee of USAID for purposes of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable agency regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the agency requires information and/or consultation assistance from the former employee regarding a matter within that person’s former area of responsibility.

(10) To appropriate agencies, entities, and persons when (1) USAID suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) USAID has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the USAID or another Agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

(11) To the Office of Personnel Management and the Department of State for purposes of personnel management and benefits processing.

(12) To the Office of Personnel Management, the Department of State, and the Social Security Administration for purposes of retirement benefits processing.

(13) To the Combined Federal Campaign for purposes of charitable contributions processing.

(14) To Federal agencies that provide payroll processing services under a cross-servicing agreement to provide support services for the purposes of payroll processing, including issuing pay to employees and the distribution of allotments and deductions to financial and other institutions, some through electronic transfer.

(15) To labor organizations for the purposes of providing information on eligible employees and dues payments.

(16) To Federal, State, and local agencies for the purposes of identifying individuals and verifying their income sources in relation to paternity, orders of support, and related court orders.

(18) To judgment holders for the purposes of garnishment for the payment of alimony and child support.

(19) To State and local courts of competent jurisdiction for the purposes of enforcing alimony and child support.

(20) To heirs, executors, and legal representatives of beneficiaries for the purposes of probating and settling estates.

(21) To the Department of the Treasury for the purposes of payroll and other types of payment and offset processing.

(22) To the Internal Revenue Service for the purposes of (a) processing taxable earnings and withholding; (b) handling audits, inspections, and investigations; (c) obtaining mailing addresses of debtors in order to collect a Federal debt; and (c) offsetting a Federal debt against the debtor's income tax refund.

(23) To Federal agencies for the purposes of providing wage and separation information to another agency as required by law for payroll purposes.

(24) To the Merit System Protection Board, Federal Labor Relations Authority, the Equal Employment Opportunity Commission, and the Foreign Service Grievance Board, when requested in the performance of their authorized duties.

(25) To contractors, grantees, experts, consultants, students, detailees, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government, when necessary to accomplish an agency functions related to this system of records.

(26) To anyone who is under contract to USAID for the purposes of fulfilling an agency function but only to the extent necessary to fulfill that function.

Storage:

Records in this system are stored in paper, microfiche, and/or electronic form; and are maintained in locked cabinets and/or user-authenticated, password-protected systems.

Records are retrieved by the individual's name or Social Security Number.

Paper and microfiche records are maintained by USAID and are safeguarded in secured cabinets within secured rooms. The electronic records are stored in the WebTA time and attendance system, National Finance Center Payroll/Personnel System, Phoenix Financial Management System, or other time and attendance and financial management systems, which are safeguarded in accordance with applicable rules and policies, including all applicable USAID automated systems security and access policies. Strict controls have been imposed to minimize the risk of compromising the information that is being stored. Access to the records is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.

Time and attendance records are destroyed after a General Accountability Office audit or when six years old, whichever is sooner. These records are maintained in accordance with National Archives and Records Administration General Records Schedule 2, Item 7. Individual employee payroll records are destroyed when 56 years old in accordance with National Archives and Records Administration General Records Schedule 2, Item 1.

Chief, Payroll Division, Office of the Chief Financial Officer, United States Agency for International Development, 1300 Pennsylvania Avenue, NW, Washington, DC 20523-2120.

Same as Record Access Procedures.

Requesters may submit requests for records under the Privacy Act: 1) by mail to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue, NW, Room 2.07C – RRB, Washington, DC 20523-2701; 2) via Facsimile to 202-216-3070; 3) via email to foia@usaid.gov; 4) on the USAID website at www.usaid.gov/foia-requests; or 5) in person during regular business hours at USAID, 1300 Pennsylvania Avenue, NW, Washington, DC 20523-2701, or at USAID overseas missions.

Requesters using 1 through 4 may provide a written statement or may complete and submit USAID Form 507-1, Freedom of Information / Privacy Act Record Request Form, which can be obtained: a) on the USAID website at www.usaid.gov/foia -requests; b) by email request to foia@usaid.gov; or c) by writing to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue, NW, Room 2.07C – RRB, Washington, DC 20523-2701, and provide information that is necessary to identify the records, including the following: Requester’s full name; present mailing address; home telephone; work telephone; name of subject, if other than requester; requester relationship to subject; description of type of information or specific records; and purpose of requesting information. Requesters should provide the system of record identification name and number, if known; and, to facilitate the retrieval of records contained in those systems of records which are retrieved by Social Security Numbers, the Social Security Number of the individual to whom the record pertains.

Information contained in the system is obtained from the individual concerned and USAID employees acting in their official capacity.

None.

-18 Employee Use of Property Owned or Leased by the U.S. Government Records.

Records are located at Agency Washington headquarters and at offices abroad. See Appendix A for actual location of those offices.

U.S. Government employees, contract employees of A.I.D., and guests at A.I.D.-operated staff or guest houses.

Records pertaining to the occupancy or use of property owned or leased by the U.S. Government, and to facilities and/or services provided such as: Government-leased housing; government-owned furniture, appliances and furnishings; U.S. Government property in custody used for official purposes; government-owned vehicles used for official or unofficial purposes; parking permits; government-purchased publications; long-distance telephone calls made from A.I.D facilities; U.S. Government vehicle repair facilities; commissary, liquor, and post exchange purchases; gasoline purchased from or through post exchange purchases; gasoline purchased from or through an A.I.D. overseas post; government-furnished housing maintenance and repair services; and A.I.D. staff or guest house facilities.

Foreign Assistance Act of 1961 as amended, section 621, 635; Foreign Service Act of 1946 as amended.

To law enforcement agencies, U.S. Government agencies, courts, the Department of State, foreign governments and international agencies, and Members of Congress, for the purposes set forth in the Statement of General Routine Uses immediately preceding these specific notices of systems of records.

Storage:

Paper copy in file folders, and card index file.

By name of individual.

Located in metal file cabinets with three-way combination locks in secured premises with access limited to those whose official duties require access.

Records on the issuance of U.S. Government property are destroyed three years after the property is turned in or otherwise accounted for. Individual trip tickets reflecting official and unofficial use of vehicles are destroyed 6 months after the end of the fiscal year. Maintenance and repair records and related papers pertaining to the maintenance and repair of individual residential units occupied by individuals at overseas posts are destroyed at the end of 4 years. Destruction is by shredding or burning.

Director, Office of Managment Operations, Agency for International Development, 320 21st Street, NW, Washington, DC.

Requests by individuals concerning the existence of a record may be addressed to:

Director

Office of Personnel and Manpower (SER/PM)

Attn: Privacy Liaison Officer

Agency for International Development

320 21st Street, NW

Washington, DC 20523

or presented in person at State Annex 2, 515 22nd Street NW, Washington, DC 20523

For offices abroad, to the Privacy Liaison Officer at the applicable address in appendix A

Information Required: Individual's name, place and date of birth. The determination as to the existence of a record will be facilitated by the provision of the individual's Social Security number and dates and places of service.

Requests from individuals should be addressed or presented in person to the same addresses as stated in the Notification Section above

Requests should be accompanied by information sufficient to identify the individual pursuant to § 215.4(c) or (d) of the Agency's Regulations as published in this issue of the Federal Register.

Written requests from individuals to amend their record should be mailed or presented in person to the same addresses as stated in the Notification Section above

Requests for review of a refusal to amend a record should be made in writing and mailed or delivered to:

Administrator

Agency for International Development

320 21st Street, NW

Washington, DC 20523

ATTENTION: Executive Secretary--Privacy Review Request

Both the envelope and the letter should be clearly marked Attention: Executive Secretary--Privacy Review Request.

U.S. Government employees, local and contract employees of A.I.D., and personnel of the Departmnent of State.

-19 Travel and Transportation Records.

Controlled Unclassified Information

United States Agency for International Development (USAID), 1300 Pennsylvania Avenue N.W., USAID Annex, Room 10.6.4-F, Washington, DC 20523; CW Government Travel, Inc. (CWTSatoTravel), 4300 Wilson Blvd, Suite 500, Arlington, VA 22203-4167; U.S. Department of State COOP Beltsville (BIMC), 8101 Odell Road, Floor/Room 173, Beltsville, MD 20705; and other USAID offices in the United States and throughout the world.

Chief, Travel and Transportation Division, Office of Management Services, Bureau for Management, United States Agency for International Development, 1300 Pennsylvania Avenue N.W., USAID Annex, Room 10.6.4-F, Washington, DC 20523-2120. Email: TravelandTransportation-helpdesk@usaid.gov

5 U.S.C. 301, Departmental Regulations; 5 U.S.C. Ch. 57, Travel, Transportation, and Subsistence; 22 U.S.C. Ch. 32, Foreign Assistance, Subchapter 1, International Development; 22 U.S.C. 4081, Travel and Related Expenses; and implementing Federal Travel Regulations (41 CFR Chapters 300-304).

Records in this system may be used to: (1) manage the centralized USAID relocation and travel of USAID employees and their dependents; (2) facilitate move requests of USAID employees and their dependents; (3) manage worldwide logistics services and integrated support for the transportation of the effects of USAID employees and their dependents; (4) ensure fiscal accountability in transporting the effects of USAID employees and their dependents; (5) facilitate passport issuance and compliance; and (6) assist in substantiating a claim for missing or damaged household effects.

This system encompasses all individuals (1) whose travel is paid for by USAID; (2) for whom the transportation of effects is paid by USAID; or (3) who are USAID personnel and dependents who travel on USAID business with United States diplomatic passports for the purposes of providing travel and the transportation of household goods for employees of USAID and its Missions around the world, as well as travel to interviews for certain applicants for employment with USAID.

Records include name, date of birth, place of birth, sex or gender, age, citizenship, home address, personal cell phone number, personal e-mail address, work phone number, work e-mail address, passport number or green card number (optional), credit card number, Phoenix vendor identification; correspondence, itineraries, government transportation requests, card files pertaining to passports, baggage declarations, passports and records of applications for visas, arrival and departure notices, medical requirements and vaccination status for employees traveling, and record of clearances prior to departure from the United States or posts abroad.

Sources of records are from the individual whose travel and transportation of effects are paid by USAID and its Missions, and USAID officials and employees involved in the travel and transportation of household goods.

CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

(1) To the U.S. Department of the Treasury for the purposes of payment of claims.

(2) To commercial travel, transportation and shipping companies and agents for the purposes of making travel and transportation arrangements.

(3) To U.S. Dispatch Agents for the purposes of arranging shipment and clearance of effects.

(4) To the General Services Administration and the Office of Management and Budget for the purposes of periodic reporting required by statutes, regulations, and/or Executive Order. Information provided is in the form of listings, reports, and records of all transportation and travel-related transactions, including refunds and adjustments, by the contractor, to enable audits of transportation and travel-related charges to the Government.

(5) To a court, magistrate, or other administrative body in the course of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations, or in connection with criminal proceedings, when USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(6) To the Department of Justice or other appropriate United States Government Agency when the records are arguably relevant to a proceeding in a court or other tribunal in which USAID or a USAID official in his or her official capacity is a party or has an interest, or when the litigation is likely to affect USAID.

(7) In the event of an indication of a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by statute or particular program pursuant thereto, to the appropriate agency, whether federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto.

(8) To the Department of State and its posts abroad for the purpose of transmission of information between organizational units of USAID, or for purposes related to the responsibilities of the Department of State in conducting United States foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, ensuring fiscal accountability in transporting the effects of personnel stationed at Embassies, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their duties.

(9) To a foreign government or international agency in response to its request for information to facilitate the conduct of U.S. relations with that government or agency through the issuance of such documents as visas, country clearances, identification cards, drivers' licenses, diplomatic lists, licenses to import or export personal effects, and other official documents and permits routinely required in connection with the official service or travel abroad of the individual and his or her dependents.

(10) To shipping contractors limited information is provided, such as delivery address and telephone number, for the purposes of providing shipping services.

(11) To federal agencies with which USAID has entered into an agreement to provide services to assist USAID in carrying out its functions under the Foreign Assistance Act of 1961, as amended. Such disclosures would be for the purpose of: transmission of information between organizational units of USAID; providing to the original employing agency information concerning the services of its employee while under the supervision of USAID, including performance evaluations, reports of conduct, awards and commendations, and information normally obtained in the course of personnel administration and employee supervision; or providing other information directly related to the purposes of the inter-agency agreement as set forth therein, and necessary and relevant to its implementation.

(12) To appropriate officials and employees of a federal agency or entity when the information is relevant to a decision concerning the: hiring, appointment, or retention of an employee; assignment, detail or deployment of an employee; issuance, renewal, suspension, or revocation of a security clearance; execution of a security or suitability investigation; letting of a contract; or issuance of a grant or benefit.

(13) To the National Archives and Records Administration (NARA) for the purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

(14) To a former employee of USAID for purposes of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Agency regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Agency requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility.

(15) To appropriate agencies, entities, and persons when: (a) USAID suspects or has confirmed that there has been a breach of the system of records; (b) USAID has determined that, as a result of the suspected or confirmed breach, there is a risk of harm to individuals, USAID (including its information systems, programs, and operations), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(16) To another federal department or agency or federal entity, when USAID determines information from this system of records is reasonably necessary to assist the recipient department or agency or entity in: (a) responding to a suspected or confirmed breach; or (b) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs and operations), the Federal Government, or national security, that might result from a suspected or confirmed breach.

(17) To the Office of Management and Budget in connection with review of private relief

legislation, as set forth in OMB Circular No. A-19, at any stage of the legislative coordination

and clearance process as set forth in that Circular.

Records in this system are stored on paper and/or electronic form, and are maintained in locked cabinets and/or user-authenticated, password-protected systems. Records that contain national security information and are classified are stored in accordance with applicable Executive Orders, statutes, and Agency implementing regulations.

Records in this system are retrieved by the names of the individuals.

Records are retained and disposed of in accordance with disposition schedules approved by USAID and NARA General Records Schedule 9 for Travel and Transportation Records, and General Records Schedule 20 for Electronic Records shall apply. The data will be used, processed, and then stored. Data will be stored for six years and three months, which is specified by NARA.

USAID safeguards records in this system according to applicable rules and policies, including all applicable USAID Automated Directive System operational policies. USAID has implemented controls to minimize the risk of compromising the information that is being stored. Access to the system and its records is limited to those individuals who have a need to know the information for performance of their official duties and who have the appropriate clearances and permissions. USAID ensures that the practices stated in the E2E, ILMS, and Phoenix Financial Management systems’ Privacy Impact Assessment are followed by leveraging standard operating procedures (SOP), training, policies, rules of behavior, and auditing and accountability.

Under the Privacy Act, individuals may request access to records about themselves. These individuals must be limited to citizens of the United States or aliens lawfully admitted for permanent residence. If a federal department or agency, or a person who is not the individual who is the subject of the records, requests access to records about an individual, the written consent of the individual who is the subject of the records is required.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form, or submit signed, written requests that should include the individual's full name, current address, telephone number, and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

The USAID rules for accessing records, contesting contents, and appealing initial agency determinations are contained in 22 C.F.R. § 212 or may be obtained from the program manager or system owner.

Individuals seeking to determine if information about themselves is contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. Individuals may complete and sign a USAID Form 507-1, Certification of Identity Form, or submit signed, written requests that should include the individual's full name, current address, and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

None.

79 FR 78381, December 30, 2014.

-20 Claims Records.

a. Central Records:

Office of Personnel and Manpower, Agency for International Development, 1601 Kent Street, Arlington, Virginia for allowance claims and health benefit claims

Office of the General Counsel, Agency for International Development, 320 21st Street, NW, Washington, DC, for tort claims

Office of Management Operations, Agency for International Development, 320 21st Street, NW, Washington, DC 20523 for claims involving loss of private personal property

Office of Financial Management, Agency for International Development, 1975 Florida Avenue, NW, Washington, DC, for all other claims

b. Decentralized records maintained in various Washington offices and offices abroad having responsibilities for initiating requests for claims activity. See Appendix A for actual location of these offices.

Employees who have filed claims against the Agency and employees against whom the Agency has filed a claim.

a. Central Records: Documentation of claims, voucher disallowances, duplicate payment, and bills for collection

b. Decentralized Records: Copies of documents maintained in the central records, legal reviews and opinions, and referrals to G.A.O.

Foreign Assistance Act of 1961 as amended, section 621; Foreign Service Act of 1946, as amended; Federal Tort Claims Act and G.A.O. Policy and Procedures Manual.

To U.S. Treasury for payment

To U.S. Despatch Agents to verify movement of persons and things and costs thereof

To Office of Operations, Department of State, for review and initial adjudication of private personal property claims

To the State - A.I.D. - U.S.I.A. Joint Survey Board for review of claims arising from evacuation

To commercial travel, transportation, and shipping companies and agents to verify actual costs of services;

To the Office of the Director of Medical Services, Department of State to determine validity of medical claims

Storage:

Paper copy in file folders.

By name of individual or other personal identifier.

Located in metal file cabinets with three-way combination locks in secured premises with access limited to those whose official duties require access.

Retained for seven years and then destroyed by shredding or burning.

a. Central Records:

For Allowance Claims: Chief, Foreign Service Technical and Staff Support Branch, Agency for International Development, 515 22nd Street NW, Washington, DC 20523

For Health Benefit Claims: Chief, Employee Relations Branch, Agency for International Development, 515 22nd Street, NW, Washington, DC 20523

For Tort Claims: Deputy General Counsel, Agency for International Development, 320 21st Street, NW, Washington, DC 20523

For Private Personal Property Claims: Office of Management Operations, Agency for International Development, 320 21st Street, NW, Washington, DC 20523

For Uncollectable Claims: Assistant Controller, Central Accounting Division, Office of Financial Management, Agency for International Development, 1975 Florida Avenue, Washington, DC

b. Decentralized Records: Administrative and Executive Officers in A.I.D. Washington and offices abroad. See appendix A for actual location of office.

Requests by individuals concerning the existence of a record may be addressed to:

Director

Office of Personnel and Manpower (SER/PM)

Attn: Privacy Liaison Officer

Agency for International Development

320 21st Street, NW

Washington, DC. 20523

or presented in person at State Annex 2, 515 22nd Street NW, Washington, DC 20523

For offices abroad, to the Privacy Liaison Officer at the applicable address in appendix A

Requests from individuals should be addressed or presented in person to the same addresses as stated in the Notification Section above

Requests should be accompanied by information sufficient to identify the individual pursuant to § 215.4(c) or (d) of the Agency's rules as published in this issue of the Federal Register.

Written requests from individuals to amend their record should be mailed or presented in person to the same addresses as stated in the Notification Section above

Requests for review of a refusal to amend a record should be made in writing and mailed to:

Administrator

Agency for International Development

320 21st Street, NW

Washington, DC 20523

ATTENTION: Executive Secretary--Privacy Review Request

Both the envelope and the letter should be clearly marked Attention: Executive Secretary--Privacy Review Request.

The individual concerned and A.I.D. employees acting in their official capacities.

-22

Congressional Relations and Correspondence Records.

Sensitive But Unclassified.

1300 Pennsylvania Avenue, NW, Washington, DC 20523.

Deputy Executive Secretary, United States Agency for International Development, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. .

Email: ecarr@usaid.gov

Foreign Assistance Act of 1961 as amended, especially Section 634(b); 5 U.S.C. 301; 44 U.S.C. Chapters 31 and 33.

The information in this system of records is collected and maintained by the Bureau of Legislative Affairs to fulfill its responsibility to the Congress in tracking Members' correspondence and providing appropriate responses.

Members of Congress and their constituents who request Congressional assistance in obtaining information or services from the United States Agency for International Development.

This system contains correspondence. Records may contain the following information:

°Biographical information about the member of Congress and their professional staff members.

°Memoranda.

°Email messages between Members of Congress, Congressional Committees, and USAID pertaining to Congressional and constituents' requests for information or services from the Agency.

°Constituent Information: name, address and other personal information contained in the inquiry received by USAID.

Information contained in this system is obtained from Members of Congress, their staff, and individuals on whose behalf there have been Congressional inquiries; USAID employees; Congressional Directory; Congressional Quarterly; Congressional Record; newspapers, magazines, and other public media.

CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

(a) To respond to requests from Congress, Congressional Committees, or constituents of Members of Congress for information or services from USAID.

(b) To provide USAID principals with information regarding trends or particular interests of Members of Congress or their constituents.

(c) To any person or entity to the extent necessary to prevent an imminent crime which directly threatens loss of life or serious bodily injury.

(d) To other Federal, State, or local government agencies for appropriate action when the matter complained of or inquired about comes within the jurisdiction of such agency.

(e) To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for USAID, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to USAID officers and employees.

(f) To Medical or Emergency Response Personnel to the extent necessary to meet a bona fide medical emergency.

(g) To a court, magistrate, or other administrative body in the course of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal or administrative proceedings, when the USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(h) To appropriate agencies, entities, and persons when: (1) USAID suspects or has confirmed that there has been a breach of the system of records; (2) USAID has determined that as a result of the suspected or confirmed breach, there is a risk of harm to individuals (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(i) To another federal agency or federal entity, when USAID determines that the information from the system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach, or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, that might result from a suspected or confirmed breach.

(j) To the National Archives and Records Administration (NARA), for the purposes of records-management inspections conducted under the authority of Sections 2904 and 2906 of Title 44 of the U.S.C. and in its role as Archivist.

USAID indexes and retrieves records by the name of the Congressional member, Congressional staff, or the constituent subject to the inquiry or by an identifying case number that is cross-indexed to the Congressional member or committee.

USAID follows NARA-approved records retention schedule. Records that have met required retention periods will be disposed of in accordance with NARA guidelines and USAID policy and procedures. Paper records are shredded, and records maintained on internal electronic information systems are electronically removed. USAID electronic storage media that is no longer in service is purged in accordance with National Institute of Standards and Technology guidelines for media sanitization (NIST SP 800–88).

Access to the records is limited to persons whose official duties require access, such as individuals who prepare responses to Congressional inquiries. Paper records in this system are maintained in a building with restricted public access, patrolled by guards. Both standard and electronic locks may be used to restrict access. Access to USAID buildings where records are located is restricted by 24-hour electronic identification.

For Paper Records: USAID secures records in lockable metal filing cabinets within a locked room when not in use. Access to these records is strictly limited to authorized USAID personnel.

For Electronic Records: USAID personnel store and password-protect electronic records in a user-authenticated, USAID-issued computer and/or a USAID-approved, computerized database system. These records are maintained separately from other systems of records. Access to these electronic records is strictly limited to authorized USAID personnel.

USAID contractors are also required to maintain all USAID records with similar safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained. All persons having access to these records shall be trained in the proper handling of records covered by the Privacy Act.

Under the Privacy Act, individuals may request access to records about themselves. These individuals must be limited to citizens of the United States or aliens lawfully admitted for permanent residence. If a Federal Department or Agency or a person who is not the individual who is the subject of the records, requests access to records about an individual, the written consent of the individual who is the subject of the records is required.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, telephone number and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

See section above, Record Access Procedures. Individuals may also contact the appropriate Congressional Correspondence System of Records Manager at ecarr@usaid.gov to: (i) request access, contest, or amend a notification of records; and (ii) to determine the location of particular records created by contractors on behalf of USAID or maintained by contractors at the contractor’s location.

See section above, Record Access Procedures.

None.

42 FR 47384

-25 Freedom of Information Act, Privacy Act, and Mandatory Declassification Review Requests Records.

Unclassified, Sensitive but unclassified, and Classified.

United States Agency for International Development (USAID), 1300 Pennsylvania Avenue NW., Washington, DC 20523; Terremark, 50 NE 9th Street, Miami, FL 33132; U.S. Department of State COOP Beltsville (BIMC), 8101 Odell Road, Floor/Room—173, Beltsville, MD 20705; and other USAID offices in the United States and throughout the world.

The system encompasses all individuals who submit Freedom of Information Act (FOIA), Privacy Act, and Mandatory Declassification Review requests and administrative appeals to the United States Agency for International Development (USAID); individuals whose requests and/or records have been referred to USAID by other agencies; attorneys or other persons authorized to represent individuals submitting requests and appeals; individuals whose records are the subjects of such requests or appeals; and USAID personnel assigned to process such requests or appeals.

This system consists of records created or compiled in response to FOIA, Privacy Act, and Mandatory Declassification Review requests and administrative appeals to USAID, including: The original requests and administrative appeals; responses to such requests and administrative appeals; all related memoranda, correspondence with the requester or requester's representative, notes, internal USAID correspondence and memoranda, and other related or supporting documentation; memoranda to or from other agencies having a substantial interest in the determination of the request; and, in some instances, copies of requested records and records under administrative appeal. These records contain names, addresses, email addresses, telephone numbers; online identity verification information (username and password); copies of identity verification documents such as passports and drivers licenses; and any other information voluntarily submitted such as tracking numbers. These records may contain personal information retrieved in response to a request. These records may contain inquiries and requests regarding other USAID systems of records subject to the FOIA and PA. In addition, information about individuals from such other USAID systems of records may become part of this system of records.

The system was established and is maintained pursuant to 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 44 U.S.C. 3101; and 22 CFR 212 and 215, and the applicable executive order(s) governing classified national security information.

The records are collected, used, maintained, and disseminated for the purpose of processing access requests and administrative appeals made under the FOIA, access and amendment requests and administrative appeals under the Privacy Act, and requests and administrative appeals for mandatory declassification review under the applicable executive order(s) governing national security information; for the purpose of participating in litigation regarding agency action on such requests and appeals; and for the purpose of assisting USAID in carrying out any other responsibilities related to FOIA and Privacy Act such as reporting to USAID and other federal executive officials.

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or portion of the records or information contained in this system may be disclosed outside of the USAID as a routine use as follows:

(2) To the Department of Justice or other appropriate United States Government Agency when the records are arguably relevant to a proceeding in a court or other tribunal in which USAID or a USAID official in his or her official capacity is a party or has an interest, or when the litigation is likely to affect USAID.

(3) To the Department of Justice for the purpose of obtaining advice as to whether or not the records or information should be disclosed.

(4) To a Federal government agency or entity that furnished the record or information for the purpose of permitting that agency or entity to make a decision as to access to or correction of the record or information, or to a federal agency entity for purposes of providing guidance or advice regarding the handling of particular requests.

(5) To appropriate agencies, for the purpose of resolving an inquiry regarding federal agency compliance with the Freedom of Information Act.

(7) To the Department of State and its posts abroad for the purpose of transmission of information between organizational units of the Agency, or for purposes related to the responsibilities of the Department of State in conducting United States foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their duties.

(9) To Federal agencies with which the Agency has entered into an agreement to provide services to assist the Agency in carrying out its functions under the Foreign Assistance Act of 1961, as amended. Such disclosures would be for the purpose of transmission of information between organizational units of the Agency; of providing to the original employing agency information concerning the services of its employee while under the supervision of the Agency, including performance evaluations, reports of conduct, awards and commendations, and information normally obtained in the course of personnel administration and employee supervision; or of providing other information directly related to the purposes of the inter-agency agreement as set forth therein, and necessary and relevant to its implementation.

(11) To a Congressional Committee or Subcommittee.

(12) To the National Archives and Records Administration, Information Security Oversight Office, Interagency Security Classification Appeals Panel, for the purpose of adjudicating an appeal from a USAID denial of a request for mandatory declassification review of records, made under the applicable executive order(s) governing classification.

(13) To the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review administrative agency policies, procedures, and compliance with the Freedom of Information Act, and to facilitate OGIS' offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies.

(14) To the National Archives and Records Administration for the purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

(15) To a former employee of USAID for purposes of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable agency regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the agency requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility.

(16) To the Foreign Service Grievance Board in the course of the Board's consideration of matters properly before it.

(17) To appropriate agencies, entities, and persons when (1) USAID suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) USAID has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the USAID or another Agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

Disclosure to consumer reporting agencies:

These records are not disclosed to consumer reporting agencies.

Storage:

Records in this system are stored on paper and/or electronic form; and are maintained in locked cabinets and/or user-authenticated, password-protected systems. Records that contain national security information and are classified are stored in accordance with applicable executive orders, statutes, and agency implementing regulations.

Records are retrieved by the name of the requester or appellant; the number assigned to the request or appeal; and in some instances, the name of the attorney representing the requester or appellant, the name of an individual who is the subject of such a request or appeal, and/or the name of other personal identifiers.

Information in this system is safeguarded in accordance with applicable laws, rules and policies, including the agency's automated directive system. Classified information is appropriately stored in safes and in accordance with other applicable requirements. In general, records and technical equipment are maintained in buildings with restricted access. The required use of password protection identification features and other system protection methods also restrict access. Access is limited to those officers and authorized USAID employees who have an official need to access the records in the performance of their official duties.

Records are retained and disposed of in accordance with the National Archives Records Administration's General Records Disposition Schedules and the agency's approved disposition schedules.

USAID FOIA Public Liaison Officer, United States Agency for International Development, Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), 1300 Pennsylvania Avenue NW., Room 2.7-C, Washington, DC 20523.

Same as Record Access Procedures.

Requesters may submit requests for records under the Privacy Act in the following four ways: (1) By mail to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue NW., Room 2.07C—RRB, Washington, DC 20523-2701; (2) via email tofoia@usaid.gov;(3) on the USAID Web site athttp://www.usaid.gov/foia-requests;or (4) by completing the USAID Form 508-2, Privacy Request Form, which is available: (a) By writing to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue NW., Room 2.07C—RRB, Washington, DC 20523-2701; (b) via email tofoia@usaid.govor (c) on the USAID Web site athttp://www.usaid.gov/foia-requests.

Requesters must provide the information that is necessary to identify the records, including the following: Requester's full name; present mailing address; home telephone; work telephone; name of subject, if other than requester; requester relationship to subject; description of type of information or specific records; and purpose of requesting information. Requesters should provide the system of record identification name and number, if known; and, to facilitate the retrieval of records contained in those systems of records which are retrieved by Social Security Numbers, the Social Security Number of the individual to whom the record pertains.

In addition, requesters must include proof of identity information by providing copies of two (2) source documents that must be notarized by a valid (un-expired) notary public. Acceptable proof-of-identity source documents include: An unexpired United States passport; Social Security Card (both sides); unexpired driver's license or identification card issued by a state or United States possession, provided that it contain a photograph; certificate of United States citizenship; certificate of naturalization; card showing permanent residence in the United States; United States alien registration receipt card with photograph; United States military card or draft record; or United States military dependent's identification card.

Requesters must also provide a signed and notarized statement that they are the person named in the request; that they understand that any falsification of their statement is punishable under the provision of 18 U.S.C. 1001 by a fine, or by imprisonment of not more than five years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisonment of not more than eight years, or both; and that requesting or obtaining records under false pretenses is punishable under the provisions of 5 U.S.C. 552a(i)(3) as a misdemeanor and by a fine of not more than $5,000. The notarized statement with an embossed notary seal must be submitted in the original paper to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue NW., Room 2.07C—RRB, Washington, DC 20523-2701.

Individuals and organizations submitting initial requests and administrative appeals pursuant to the FOIA and Privacy Act, or other applicable executive order(s) governing classified national security information; the agency records searched in the process of responding to such requests and appeals; USAID personnel assigned to handle such requests and appeals; agency records searched in the process of responding to such requests and appeals; other agencies that refer to, search for and provide the records and related correspondence that are maintained in the case files; and submitters or subject of records or information that have provided assistance to USAID in making access or amendment determinations.

USAID has claimed exemptions for several of its other systems of records under 5 U.S.C. 552a(j)(2) and (k). Additional exemptions are delineated in 22 CFR 215.13 and 215.14. During the processing of FOIA and Privacy Act requests and administrative appeals, exempt records from these other systems of records may become part of the case record in this system of records. To the extent that exempt records from other USAID systems of records are entered or become part of this system, USAID has claimed the same exemptions. In addition, any such records compiled in this system of records from any other system of records continues to be subject to any exemption(s) applicable for the records as they have in the primary systems of records of which they are a part.

-26

USAID-26, Litigation Records

Unclassified

1300 Pennsylvania Avenue, NW, Washington, DC 20523.

Office of General Counsel, United States Agency for International Development, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Washington, D.C. 20523. Email: gcams@usaid.gov.

5 U.S.C. 301; Foreign Assistance Act of 1961, as amended; Foreign Service Act of 1946, as amended; Federal Tort Claims Act; Federal Claims Collection Act, 31 U. S. C. 951-953; The Federal Records Act, 44 U. S. C. 3101; False Claims Act; Age Discrimination in Employment Act, the Equal Pay Act, section 321 of the Government Employees Rights Act of 1991; 5 U.S.C. 1204; 5 U. S. C. 7301, 7351, 7353; 5 U. S. C. App. (Ethics in Government Act of 1978); 31 U. S. C. 1353; E. O. 12674 (as modified by E. O. 12731); Federal Service Labor Management Relations Statute; Title VII of the Civil Rights Act of 1964; Freedom of Information Act; and other legislation as may be implicated in the course of attorneys’ legal work representing USAID, including litigation.

The purpose of this system is to assist USAID’s Office of General Counsel staff in providing legal advice to USAID personnel on a wide variety of legal issues; to collect the information of any individual who is, or will be, in litigation with USAID, as well as the attorneys representing them; to collect information in response to allegations filed by employees, former employees, and other individuals as needed; to advise on legal issues; to assist in the settlement of claims against the government; to maintain information collected and/or generated to represent USAID in administrative or federal proceedings and any other type of litigation or advisory work. This includes litigation or proceedings against or involving USAID, and includes preparing for reasonably anticipated litigation/proceedings, or responding to requests for USAID employee testimony or records. USAID uses the records contained within USAID 26 - Litigation Records to document how USAID handles each matter; provide a resource for consistency in interpretation and application of the law; and allow for statistical reports and analysis of matters processed by the Office of General Counsel.

Individuals who are or who USAID reasonably anticipates may be involved in civil and criminal litigation, or administrative proceedings, that involve USAID, its employees/contractors/workforce (to include foreign service officers), the United States, or USAID records, including but not limited to USAID employees, attorneys, witnesses, plaintiffs, defendants, or third parties involved in such litigation.

This system maintains information collected or generated in response to, or in anticipation of, civil and criminal litigation, or administrative proceedings, which may include: names of individuals involved; names of witnesses; Social Security number (SSN), if applicable; contact information; information pertaining to the subject matter of litigation, complaints, answers, motions, briefs, orders, decisions, correspondence, exhibits, discovery, legal research, hearing and deposition transcripts, investigation reports; claims and records regarding discrimination, including employment and sex discrimination, including reasonable and/or religious accommodation issues; claims and records regarding the Rehabilitation Act; personnel matters; claims and records communications with the Department of Justice (DOJ), medical records, such as evaluations by physicians in cases where personal injury or alleged disabling conditions are involved; records relating to requests for USAID records other than requests under the Freedom of Information Act and the Privacy Act of 1974; testimonies of USAID employees in federal, state, local, or administrative criminal or civil litigation; documentary evidence; supporting documents including the legal and programmatic issues of the case, correspondence, legal opinions and memoranda and related records; State Bar grievance/discipline proceedings records; security Clearance Information; any type of legal document, including but not limited to complaints, summaries, affidavits, litigation reports, motions, subpoenas, and any other court filing or administrative filing or evidence; employee and former employee ethics question forms and responses; and court transcripts.

Information contained in this system is obtained from existing USAID records; legal pleadings, discovery, and other records exchanged between parties and their attorneys in litigation and pre-litigation; courts; State and local governments; other Federal agencies; and other individuals and entities with information relevant to cases involving USAID, its employees, the United States, or USAID records.

We will disclose records pursuant to the following routine uses, however, we will not disclose any information defined as ‘‘return or return information’’ under 26 U. S. C. 6103 of the Internal Revenue Service Code, unless authorized by statute, the Internal Revenue Service (IRS), or IRS regulations. In addition to those disclosures generally permitted under 5 U. S. C. 552a(b), relevant records or information in this system may be disclosed without consent as follows:

(a) To a Federal, State, or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information if necessary to obtain information relevant to an Agency decision concerning the hiring or retention of an employee; the issuance of a security clearance; the reporting of an investigation of an employee; the assignment, detail, or deployment of an employee; the letting of a contract; or the approval of a grant or other benefits.

(b) To appropriate State or local authorities to report, where required under State law, incidents of suspected child, elder, or domestic abuse or neglect.

(c) To the Department of State and its posts abroad for the purpose of transmission of information between organizational units of the Agency, or for purposes related to the responsibilities of the Department of State in conducting United States foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their duties.

(d) To the Office of Management and Budget in connection with the review of private relief legislation as set forth in OMB Circular No. A-19, www.whitehouse.gov/wp-content/uploads/2017/11/Circular-019.pdf at any stage of the legislative coordination and clearance process as set forth in that Circular.

(e) To the Internal Revenue Service (a) to obtain mailing addresses of debtors in order to collect a Federal debt; and (b) to offset a Federal debt against the debtor's income tax refund.

(f) To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for USAID, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to USAID officers and employees.

(g) To a Federal, state or local agency, professional licensing authority, or other appropriate entities as required to ensure the professional responsibility requirements are met by USAID employees.

(h) To a court, magistrate, or other administrative body in the course of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal or administrative proceedings, when the USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(i) To appropriate agencies, entities, and persons when: (1) USAID suspects or has confirmed that there has been a breach of the system of records; (2) USAID has determined that as a result of the suspected or confirmed breach, there is a risk of harm to individuals (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(j) To another federal agency or federal entity, when USAID determines that the information from the system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach, or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, that might result from a suspected or confirmed breach.

(k) To the National Archives and Records Administration (NARA), for the purposes of records-management inspections conducted under the authority of Sections 2904 and 2906 of Title 44 of the U. S. C. and in its role as Archivist.

(l) To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains.

(m) To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

(n) To international and foreign governmental entities in accordance with law and formal or informal international agreement.

(o) To third parties during the course of an administrative, civil or criminal investigation to the extent necessary to obtain information pertinent to the investigation, provided disclosure is appropriate to the proper performance of the official duties of the officer making the disclosure.

(p) To unions recognized as exclusive bargaining representatives under the Civil Service Reform Act of 1978, 5 U. S. C. 7111 and 7114, the Merit Systems Protection Board, arbitrators, the Federal Labor Relations Authority, and other parties responsible for the administration of the Federal labor-management program for the purpose of processing any corrective actions, or grievances, or conducting administrative hearings or appeals, or if needed in the performance of other authorized duties.

(q) To a former employee of USAID, in accordance with applicable regulations, for purposes of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority; or facilitating communications with a former employee that may be necessary for personnel--related or other official purposes where the agency requires information or consultation assistances from the former employee regarding a matter within that person's former area of responsibility.

(r) To the DOJ, United States Attorney's Office, or other federal agencies for further collection action on any delinquent debt when circumstances warrant, as well as to a debt collection agency for the purpose of debt collection.

(s) To third parties about individuals who are their employees, job applicants, contractors, or any other individual who is issued credentials or granted clearances by the third party to secured areas when relevant to such employment, application, contract, or issuance of the credential or clearance.

USAID indexes and retrieves records by the case name, party names, case number, or names of individuals reasonably anticipated to be involved in litigation.

USAID follows NARA-approved records retention schedule. Periods of retention vary depending on the type of litigation record. See http: //www.archives.gov/records-mgmt/rcs/schedules/ independent-agencies/rg-0047/n1-047-10-004_sf115.pdf. The Office of the General Counsel reserves the right to retain for an indefinite period certain records that, in the judgment of that office, are of precedential value.

USAID maintains electronic and paper files with personal identifiers in secure storage areas. Access to USAID buildings where records are located is restricted by 24-hour electronic identification.

For Paper Records: USAID secures records in lockable metal filing cabinets within a locked room when not in use. Access to these records are strictly limited to authorized USAID personnel. Only the case number appears on the file label. The file is cross-referenced with a separately secured list with a corresponding name and case number.

All persons having access to these records shall be trained in the proper handling of records covered by the Privacy Act. Secondary disclosure of released information is prohibited without client consent.

Under the Privacy Act, individuals may request access to records about themselves. These individuals must be limited to citizens of the United States or aliens lawfully admitted for permanent residence. If a Federal Department or Agency or a person who is not the individual who is the subject of the records, requests access to records about an individual, the written consent of the individual who is the subject of the records is required.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2. 4. 0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, telephone number and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U. S. C. 1746, in the following format:

See above, Record Access Procedures.

USAID has claimed exemptions for several of its other systems of records under 5 U. S. C. 552a(j)(2) and (k). Additional exemptions are delineated in 22 CFR 215. 13 and 215. 14. During the processing of FOIA and Privacy Act requests and administrative appeals, exempt records from these other systems of records may become part of the case record in this system of records. To the extent that exempt records from other USAID systems of records are entered or become part of this system, USAID has claimed the same exemptions. In addition, any such records compiled in this system of records from any other system of records continues to be subject to any exemption(s) applicable for the records as they have in the primary systems of records of which they are a part.

USAID established USAID-26: Litigation Records as a new system of records on November 3, 1975, and published a modification on January 10, 2014 (42 FR 47386).

-27

Partner-Vetting System, USAID – 27.

Sensitive but Unclassified.

Amazon Web Services, US-EAST-1, 7600 Doane Drive, Manassas VA 20109.

Chief, Counterterrorism Vetting, Office of Security, United States Agency for International Development, Ronald Reagan Building, 1300 Pennsylvania Avenue, N.W., Washington, D.C. 20523.

The Foreign Assistance Act of 1961 (FAA), as amended, permits the Administrator of USAID to consider a range of foreign-policy and national-security interests in determining how to provide foreign assistance. Sections 7034 and 7039 of the Department of State, Foreign Operations, and Related Programs Appropriations Act for Fiscal Year 2020 (FY 2020) contain provisions and requirements for the oversight of USAID’s programs. Executive Order (E.O.) 9397 created and governs the use of Social Security Numbers.

PVS supports the vetting of directors, officers, and other employees of non-governmental organizations that apply to USAID for contracts, grants, cooperative agreements or other funding. The Agency specifically uses the information collected from the individuals to conduct screening, and to mitigate the risk that USAID’s funds and USAID-funded activities purposefully or inadvertently provide support to entities or individuals deemed a risk to national security.

Individuals who are directors, officers, or are otherwise employed by either for-profit or non-profit non-governmental organizations that apply for and receive contracts, grants, cooperative agreements, or other types of instruments from USAID; individuals who apply for and receive Personal Services Contracts or other contracts, grants, or cooperative agreements; individuals or organizations that attempt to obtain other assistance or benefits from USAID (excluding for PVOs).

Full name, Social Security Number, date of birth, place of birth, passport number or permanent resident card number, tax identification number, home address, home telephone number, personal cell phone number, personal email address, work telephone number, work email address, citizenship, sex or gender, photographic biometric information, employment or salary record.

USAID may obtain information in this system from a non-governmental organization (USAID contractor or recipient official who is responsible for completing the application package required to obtain funds or assistance from USAID as an award or as a sub-award. In the case of applications by an individual in his/her own capacity, the Agency will collect the information directly from the individual applicant. USAID also may obtain information in this system from public sources, Federal Departments and Agencies that conduct national-security screening, law-enforcement and intelligence-agency record systems, and other Federal Government databases.

In addition to those disclosures generally permitted under the Privacy Act (Section 552a (b) of Title 5 of the U.S.C.), the Agency could disclose all or a portion of the records or information contained in this system outside of USAID as a routine use, as follows:

(1) To another Federal Department or Agency, to a court, magistrate, or other administrative body, or to a party in litigation before a court or in an administrative proceeding being conducted by a Federal Department or Agency, when the Government is a party to the judicial or administrative proceedings or has a significant interest in the proceeding where the Department or Agency determines the information to be necessary and relevant.

(2) To any component of the U.S. Department of Justice, or in a proceeding before a court, adjudicative body, or other administrative body before which the Department or Agency is authorized to appear, when; (a) the Department or Agency or any component thereof; or (b) any employee of the Department or Agency in her or his official capacity; or (c) any employee of the Department or Agency in his or her individual capacity where the U.S. Department of Justice or the Department or Agency has agreed to represent the employee; or (d) the United States, when the Department or Agency determines that litigation is likely to affect it or any of its components, is a party to litigation or has an interest in such litigation, and the Department or Agency deems the use of such records by the U.S. Department of Justice or the Department or Agency is relevant and necessary to the litigation provided, however, that in each case the Department or Agency has determined that the disclosure is compatible with the purpose for which the records were collected.

(3) To the U.S. Department of Justice for the purpose of obtaining legal counsel, including whether USAID should disclose the records or information in this system of records outside the Agency.

(4) To a Federal Government Department or Agency that assists USAID for the purpose of vetting, and for the purposes of ensuring accuracy of existing records and updating government records when a match between an applicant and another database is identified.

(5) To disclose information to contractors (Personal Service Contractors or institutional support contractors) in furtherance of the contractor’s performance on behalf of USAID under a contract, including contracts that support the partner-vetting program.

(6) To the National Archives and Records Administration (NARA), for the purposes of records-management inspections conducted under the authority of Sections 2904 and 2906 of Title 44 of the U.S.C. and in its role as Archivist.

(7) To appropriate Federal Departments and Agencies, entities, and persons when: (a) USAID suspects or has confirmed that there has been a breach of the system of records; (b) USAID has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, USAID (including its information systems, programs, and operations), the Federal Government, or national security; and (c) the disclosure made to such Departments and Agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach, or to prevent, minimize, or remedy such harm.

(8) To the Office of Management and Budget (OMB), in connection with review of private relief legislation, as set forth in OMB Circular A-19, at any stage of the legislative coordination and clearance process, as set forth in that Circular.

(9) To another Federal Department or Agency or Federal entity, when USAID determines information from this system of records is reasonably necessary to assist the recipient Department or Agency or entity in: (a) responding to a suspected or confirmed breach; or (b) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs and operations), the Federal Government, or national security, that might result from a suspected or confirmed Breach.

USAID stores records in this system in electronic format. USAID’s staff collect paper records that contain information for counterterrorism vetting when USAID’s partners need to submit required information other than electronically. USAID’s policy is that, following the entry of information contained in such paper copies into PVS, our staff must dispose of the paper copies properly, in accordance with the Agency’s procedures for handling information.

USAID’s staff retrieves records in PVS by individual name, date of birth, place of birth, passport numbers, or other identifying data specified under "Categories of Records" in the system, as well as Mission/Program/Department, old awardee identification number (ID), awardee ID, alias, city, vetting status, vetting priority, vetting date, date of final determination, or date USAID created the record.

PVS follows NARA Records Schedule Number DAA-0286-2017-0001. USAID maintains vetting records for nine years after making an eligible or ineligible decision, regardless of award status.

For electronic records: USAID maintains PVS records in a secure cloud database managed by Amazon Web Services on behalf of the Agency. The database is subject to non-disclosure agreement rules of engagement administered by AID Form 545-5. USAID restricts access to vetting requests and results stored in the PVS database to users who are U.S. Government personnel and authorized contractors who need to know this information to perform their duties, who can include the USAID workforce hired and/or appointed by our Missions, Bureaus, and Independent Offices involved in conducting or supporting vetting. The PVS database is housed on, and accessed from, an unclassified computer network. USAID stores vetting results, the analysis of their content, and classified comments separately, outside of PVS, on appropriately classified networks. Computer networks and the PVS database require a user authentication and Agency approval. The Agency maintains and periodically reviews an audit trail to monitor access to the system. Authorized U.S. Government personnel receive instructions in the proper use and protection of PII.

For paper records: USAID keeps paper vetting records in an approved security container at our Washington headquarters, and at the relevant locations that conduct vetting-related activities. Access to these records is limited to those authorized U.S. Government personnel and authorized contractors who have a need for the records in the performance of their official duties. USAID does not keep classified records within PVS.

Under the Privacy Act, individuals may request access to records about themselves. These individuals must be limited to citizens of the United States or aliens lawfully admitted for permanent residence. If a Federal Department or Agency or a person who is not the individual who is the subject of the records, requests access to records about an individual, the written consent of the individual who is the subject of the records is required.

Requesters may submit requests to USAID for records under the Privacy Act in the following ways: 1) by mail to the Freedom of Information Act (FOIA) Office in the Information and Records Division of the Office of Management Services within USAID’s Bureau for Management, 1300 Pennsylvania Avenue, N.W., Room 2.07C, Ronald Reagan Building, Washington, D.C. 20523-2701; 2) via facsimile to 202-216-3070; 3) via email to foia@usaid.gov; 4) on the USAID website, at www.usaid.gov/foia-requests; or, 5) in person during regular business hours at USAID, 1300 Pennsylvania Avenue, N.W., Room 2.07C, Ronald Reagan Building, Washington, D.C. 20523-2701, or at USAID’s overseas Missions.

Requesters who use methods 1 through 4 above may provide a written statement, or may complete and submit USAID Form 507-2, Freedom of Information/Privacy Act Record Request Form, which is available in the following ways: a) on the USAID website, at www.usaid.gov/foia-requests; b) by email request to foia@usaid.gov; or, c) by writing to USAID’s FOIA Office in the Information and Records Division of the Office of Management Services within USAID’s Bureau for Management, 1300 Pennsylvania Avenue, N.W., Room 2.07C, Ronald Reagan Building, Washington, D.C. 20523-2701. Requesters must provide information that is necessary to identify the records, including the following: the requester’s full name; present mailing address; home telephone; work telephone; name of subject, if other than the requester; the requester’s relationship to subject; a description of the type of information or specific records; and the purpose of requesting the information. Requesters should provide the system of record (in this case, PVS) identification name and number, if known; and, to facilitate the assembly of records retrieved by Social Security Numbers, the Social Security Number of the individual to whom the record or records pertain.

In addition, requesters who use methods 1 through 4 above must include proof of their identity by providing copies of two (2) source documents notarized by a valid, unexpired notary public. Acceptable proof-of-identity source documents include an unexpired United States passport; Social Security Card (both sides); unexpired U.S. Government employee identity card; unexpired driver’s license or identification card issued by a state or United States possession, provided that it contains a photograph; a certificate of United States citizenship; a certificate of naturalization; a card that shows permanent residence in the United States; a United States alien registration receipt card with photograph; a United States military identification card or draft record; or a United States military dependent’s identification card.

A requester who use methods 1 through 4 above also must provide a signed and notarized statement that he or she is the person named in the request; that he or she understands that any falsification of this statement is punishable under the provision of Section 1001 of Title 18 of the U.S.C. by a fine, or by imprisonment of not more than five years or, if the offense involves international or domestic terrorism (as defined in Section 2331 of the statute), imprisonment of not more than eight years, or both; and that requesting or obtaining records under false pretenses is punishable under the provisions of Section 552a(i)(3) of Title 5 of the U.S.C. as a misdemeanor, and by a fine of not more than $5,000.

Requesters who use method 5 above must provide such personal identification as is reasonable under the circumstances to verify their identity, including the following: an unexpired United States passport; Social Security Card; unexpired U.S. Government employee identity card; un-expired driver’s license or identification card issued by a state or United States possession, provided that it contains a photograph; a certificate of United States citizenship; a certificate of naturalization; a card that shows permanent residence in the United States; a United States alien registration receipt card with photograph; a United States military identification card or draft record; or a United States military dependent’s identification card.

See Record Access Procedure.

Portions of USAID’s PVS are exempt from one or more provisions of the Privacy Act (74 FR 9).

Exempt information in this system includes, but is not limited to, the following:

●Results generated from the screening of individuals covered by this notice;

●Intelligence and law-enforcement information related to national security; and

●National-security vetting and counterterrorism screening information, provided to USAID by other Departments and Agencies.

Section 215.13 of Part 215 of Title 22 of the Code of Federal Regulations, General Exemptions:

(c) The systems of records USAID is exempt under Section (j)(2) of the Act, the provisions of the Act from which the Agency is exempting them, and the justification for the exemptions, appear below:

(2) Partner-Vetting System (PVS). This system is exempt from Subsections (c)(3) and (4); (d); (e)(1), (2), and (3); (e)(4)(G), (H), and (I); (e)(5) and (8); (f), (g), and (h) of Section 552a of Title 5 of the U.S.C. These exemptions are necessary to insure the proper functioning of the law-enforcement activity, to protect confidential sources of information, to fulfill promises of confidentiality, to maintain the integrity of law-enforcement procedures, to avoid premature disclosure of the knowledge of criminal activity and the evidentiary basis of possible enforcement actions, to prevent interference with law-enforcement proceedings, to avoid the disclosure of investigative techniques, to avoid endangering law-enforcement personnel, to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources, and to facilitate the proper selection or continuance of the best applicants or persons for a given position or contract. Although the primary functions of USAID are not of a law-enforcement nature, the mandate to ensure USAID’s funding does not purposefully or inadvertently support entities or individuals deemed to be a risk to national security necessarily requires coordination with law-enforcement and intelligence agencies as well as use of their information. The use of the information by these other Departments or Agencies necessitates the conveyance of these other systems exemptions to protect the information as stated. [57 FR 38277, Aug. 24, 1992, as amended at 74 FR 16, Jan. 2, 2009]

Section 215.14 of Part 215 of Title 22 of the Code of Federal Regulation, Specific Exemptions:

(c) The systems of records to be exempted under Section (k) of the Act, the provisions of the Act from which the Agency is exempting them, and the justification for the exemptions, appear below:

(6) Partner Vetting System (PVS). This system is exempt under Subsections (k)(1), (k)(2), and (k)(5) of Section 552a of Title 5 of the U.S.C., and from the provisions of Subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), (I); and (f).5 of Section 552a of U.S.C. 552a. USAID claims these exemptions to protect the materials required by Executive Order to be kept secret in the interest of national defense or foreign policy, to prevent subjects of investigation from frustrating the investigatory process, to ensure the proper functioning and integrity of law-enforcement activities, to prevent the disclosure of investigative techniques, to maintain the ability to obtain candid and necessary information, to fulfill commitments made to sources to protect the confidentiality of information, to avoid endangering these sources, and to facilitate the proper selection or continuance of the best applicants or persons for a given position or contract. [57 FR 38277, Aug. 24, 1992, as amended at 74 FR 17, Jan. 2, 2009]

USAID established the PVS as a new system of records on August 27, 2007 (72FR 39042).

USAID modified the PVS system of records on January 10, 2013 (77 FR 72319).

-28 Emergency Notification System (ENS).

Sensitive But Unclassified

Records are maintained at the United States Agency for International Development, Bureau for Management, Office of Management Services, Headquarters Management Division, 1300 Pennsylvania Ave. NW., Washington, DC 20523. The cloud-based servers are managed at data operations centers located in Santa Clara, CA and Ashburn, VA.

Continuity Program Manager, United States Agency for International Development, Bureau for Management, Office of Management Services, Headquarters Management Division, 1300 Pennsylvania Avenue NW., Washington, DC 20523. Email: efristoe@usaid.gov.

Homeland Security Act of 2002, Pub. L. No. 107-296, §§ 501-521, National Continuity Policy Implementation Plan, Federal Continuity Directive, Federal Executive Branch National Continuity Program and Requirements, National Security Presidential Directive-51/Homeland Security Presidential Directive-20; and 5 U.S.C. 301.

The purpose of the Emergency Notification System (ENS) is to maintain current, up-to-date emergency contact information for USAID employees and contractors. Using multiple communication pathways, such as email, text-to-voice phone calls, short message service (SMS) text messages, computer desktop pop-up messages and/or public social media postings, ENS provides high-speed message delivery to all workforce members in response to threat alerts issued by the Department of Homeland Security, USAID’s Critical Coordination Unit and Facilities Management staff, and local emergency officials regarding weather-related emergencies, or other urgent situations that may disrupt the operations and accessibility of a USAID facility/worksite. It also enables USAID, emergency responders, and others to account for workforce members during an emergency.

Individuals covered by this system include, but are not limited to: current and former USAID employees; personal services contractors; institutional support contractors; consultants; detailees; fellows; interns; and volunteers.

Records maintained in this system contain contact information necessary to ensure the timely emergency notification to USAID workforce members. The types of personal information include

●

Employee Contact Information includes: Name; home phone number; personal cell phone number; personal email address; official or work phone number; official or work email address; assigned office; work location; emergency contact name; emergency contact phone number; and emergency contact alternate number.

The information maintained in this system is obtained from employees, contractors, consultants, detailees, fellows, interns, and volunteers who voluntarily register for ENS alerts. In addition, information is obtained from the Personal Identity Verification (PIV) Card Management System, USAID Human Capital and Talent Management (HCTM) Operational Databases, as well as organizations that employ/sponsor contractors, interns, fellows, and volunteers.

Records maintained in this system contain contact information necessary to ensure the timely emergency notification to USAID workforce members. The types of personal information include ● Employee Contact Information includes: Name; home phone number; personal cell phone number; personal email address; official or work phone number; official or work email address; assigned office; work location; emergency contact name; emergency contact phone number; and emergency contact alternate number.

CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. §552a (b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed as a routine use as follows:

(1) To Federal, state, tribal, local, international, or foreign governmental agencies or executive offices, relief agencies, and non-governmental organizations, when disclosure is appropriate for performance of the official duties required in response to all-hazards and declared emergencies, including technical, manmade, or natural disasters.

(2) To current and former Federal employees and contractors when the records are relevant and necessary to carry out emergency response activities.

(3) To designated or identified emergency contacts of USAID workforce members, including current and former employees and contractors, when disclosure is necessary to protect public and personal health and safety during an emergency.

(4) To Federal, state, local, foreign, tribal, or self-regulatory agencies or organizations responsible for investigating, prosecuting, enforcing, implementing, issuing, or carrying out a statute, rule, regulation, order, or policy whenever the information is relevant and necessary to respond to a potential violation of civil or criminal law, regulation, order, or policy.

(5) To another Federal agency, to a court, magistrate, or other administrative tribunal in the course of an administrative or judicial proceeding, including disclosures to opposing counsel or witnesses (including expert witnesses) in the course of discovery or other pre-hearing exchanges of information, litigation, or settlement negotiations, where relevant or potentially relevant to a proceeding, or in connection with criminal law proceedings, subject to USAID’s determination that the disclosure of the records is a use of the information that is compatible with the purpose for which the records were collected.

(6) To any component of the Department of Justice, or in a proceeding before a court, adjudicative body, or other administrative body before which the Agency is authorized to appear, when: (a) the Agency or any component thereof; or (b) any employee of the Agency in her or his official capacity; or (c) any employee of the Agency in his or her individual capacity where the Department of Justice or the Agency has agreed to represent the employee; or (d) the United States, when the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or the Agency is deemed by the Agency to be relevant and necessary to the litigation provided, however, that in each case it has been determined that the disclosure is compatible with the purpose for which the records were collected.

(7) To the Department of Justice for the purpose of obtaining legal counsel, including whether

the records or information in this system of records should be disclosed outside USAID.

(8) To a Federal government agency or department that assists USAID for the purpose of vetting, and for the purposes of ensuring accuracy of existing records and updating government records when a match between an applicant and another database is identified.

(9) To disclose information to contractors (personal service contractors or institutional support contractors) in furtherance of the contractor’s work performance on behalf of the Federal government under a contract, including contracts that support the vetting program.

(10) To the National Archives and Records Administration for the purposes of records

management inspections conducted under the authority of 44 U.S.C. 2904 and 2906 and in its role as Archivist.

(11) To the Office of Management and Budget in connection with review of private relief

legislation, as set forth in OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as set forth in that Circular.

(12) To appropriate agencies, entities, and persons when: (a) USAID suspects or has confirmed that there has been a breach of the system of records; (b) USAID has determined that, as a result of the suspected or confirmed breach, there is a risk of harm to individuals, USAID (including its information systems, programs, and operations), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(13) To another Federal agency or Federal entity when USAID determines information from this system of records is reasonably necessary to assist the recipient agency or entity in: (a) responding to a suspected or confirmed breach; or (b) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

(14) To Congressional offices in response to an inquiry from that office made at the request of the individual to whom the record pertains.

(15) To the Office of the President in response to an inquiry from that Office made on behalf of, and at the request of, the subject of the record or third party acting on the subject’s behalf.

(16) To disclose information to officials of labor organizations when relevant and necessary to fulfill their duties of exclusive representation concerning personnel policies, practices, and matters affecting working conditions.

Electronic records in this system are maintained in user-authenticated, password-protected systems. All records are accessed only by authorized personnel who have a need to access the records in the performance of their official duties.

USAID records are retrievable by name, location, or any other identifier listed in the Categories of Records cited above.

The records are maintained in accordance with the National Archives and Records Administration (NARA), General Records Schedule No-1-Item 18(a). Records are reviewed and updated annually. The records relating to a former employee may be retained for a period of three years after separation or transfer, if required to meet the business needs of the Agency.

USAID safeguards records in this system according to applicable rules and policies, including all applicable USAID Automated Directive System operational policies. USAID has implemented controls to minimize the risk of compromising the information that is being stored. Access to the records in this system is limited to those individuals who have a need to know the information for performance of their official duties and who have appropriate clearances and permissions. USAID ensures the practices stated in the Emergency Notification System (ENS) Privacy Impact Assessment are followed by leveraging standard operating procedures (SOP), training, policies, rules of behavior, and auditing and accountability.

Under the Privacy Act, individuals may request access to records about themselves. These individuals must be limited to citizens of the United States or aliens lawfully admitted for permanent residence. If a Federal Department or Agency or a person who is not the individual who is the subject of the records, requests access to records about an individual, the written consent of the individual who is the subject of the records is required.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address and telephone number, and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

The USAID rules for accessing records, contesting contents, and appealing initial Agency determinations are contained in 22 C.F.R. § 212 or may be obtained from the program manager or system owner.

Individuals seeking to determine if information about themselves is contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. Individuals may complete and sign a USAID Form 507-1, Certification of Identity Form, or submit signed, written requests that should include the individual's full name, current address, and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

None

77 FR 64095, October 18, 2012

-30

USAID -30, Google Workspace (Enterprise Edition)

Sensitive But Unclassified

United States Agency for International Development, 1300 Pennsylvania Avenue, NW, Washington, DC 20523 and Google Data Centers (CONUS and EU only). In addition, some workforce members may download and store information from the system. Those copies are located within the employees’ or contractors’ offices or on encrypted USAID-issued workstations.

Malcolm Dicko, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. Email: mdicko@usaid.gov.

22 U.S.C. chapter 32, subchapter 1, Foreign Assistance Act of 1961, as amended; 5 U.S.C 301 Departmental Regulations; and 44 U.S.C. 3101-3103 Records Management.

USAID established this system of records to facilitate connections and ensure efficient collaboration among USAID employees, contractors, grantees and members of the public, support the USAID workforce’s ability to communicate, store files and engage with the American public, using various cloud-based apps, such as Gmail, Hangouts, Calendar, Drive, Docs, Sheets, Slides, Sites, Groups, etc.

This system contains records of current and former employees, contractors, consultants, and partners who work in support of the Agency’s mission. This system also covers members of the public who engage with USAID.

This system maintains information related to the documents, messages, calendar entries, and other work-related records of USAID account holders. It also maintains information related to functionality of specific applications, including:

•User’s Biographical Information, such as: name, personal home address, home phone number, mobile phone number, email address, date of birth, social security number, and personal photograph

•User’s Professional Information, such as: organization/office assignment, position/title, business phone number, business email address, business address, taxpayer or employer ID number

•Collaboration records, such as email correspondence, instant messaging transcripts, calendars and tasks

•Financial information, such as account and transaction information maintained to facilitate payroll functions

•Video conferencing information, such as video and audio recordings and meeting participants

•Other Biographical information users may voluntarily provide, and

•System Generated information, such as username, password, user log-in information, IP address, date and time of access, queries run, passcodes and other information required for system administration and security.

The records contained in this system will be provided and updated by the individual who is the subject of the record, or by members of the USAID workforce during the performance of their official duties.

(1) To consumer reporting agencies in order to obtain consumer credit reports.

(11) To the National Archives and Records Administration for the purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

(16) To a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office, made at the written request of the constituent about whom the record is maintained.

(17) To designated Agency personnel for the purpose of performing an authorized audit or oversight function.

(18) To the Office of Management and Budget (OMB), the General Accountability Office (GAO), or other Federal agency when the information is required for program evaluation purposes.

(19) To the Internal Revenue Service and the Social Security Administration for the purposes of reporting earnings information.

(20) To unions recognized as exclusive bargaining representatives of the individual, the Foreign Service Grievance Board in the course of the Board’s consideration of matters properly before it, the Federal Labor Relations Authority, and other parties responsible for the administration of the Federal labor-management program for the purpose of processing any corrective action, or grievances, or conducting administrative hearings or appeals, or if needed in the performance of other authorized duties.

(21) To attorneys, union representatives, or other persons designated by USAID employees in writing to represent them in complaints, grievance, appeal, or litigation cases.

(22) To the Federal Bureau of Investigation, the Department of Homeland Security, the National Counter-Terrorism Center (NCTC), the Terrorist Screening Center (TSC), or other appropriate federal agencies, for the integration and use of such information to protect against terrorism, if that record is about one or more individuals known, or suspected, to be or to have been involved in activities constituting, in preparation for, in aid of, or related to terrorism. Such information may be further disseminated by recipient agencies to Federal, State, local, territorial, tribal, and foreign government authorities, and to support private sector processes as contemplated in Homeland Security Presidential Directive/HSPD–6 and other relevant laws and directives, for terrorist screening, threat-protection and other homeland security purposes.

(23) To foreign law enforcement, security, investigatory, or administrative authorities to comply with requirements imposed by, or to claim rights conferred in, international agreements and arrangements including those regulating the stationing and status in foreign countries of USAID personnel.

(24) To an appeal, grievance, hearing, or complaints examiner; an equal employment opportunity investigator, arbitrator, or mediator; and/or an exclusive representative or other person authorized to investigate or settle a grievance, complaint, or appeal filed by an individual who is the subject of the record.

Electronic records are maintained in user-authenticated, password-protected systems. All records are accessed only by authorized personnel who have a need to access the records in the performance of their official duties.

Records are retrievable by a combination of first and last name, email address, and other unique identifiers as configured by the program office for their program requirements.

Records are retained for 10-year retention rule for all data contained within Google Drive and Google mail. There are exceptions for specific users as required by NARA, FOIA, and USAID Records Management.

USAID safeguards records in this system according to applicable rules and policies, including all applicable USAID Automated Directive Systems (ADS) operational policies. USAID has implemented controls to minimize the risk of compromising the information that is being stored. Access to the system containing the records is limited to those individuals who have a need to know the information for performance of their official duties and who have appropriate clearances and permissions. USAID ensures that the practices stated in the Google Workspace Privacy Impact Assessment are followed by leveraging standard operating procedures (SOP), training, policies, rules of behavior, and auditing and accountability.

Cloud systems are authorized to operate separately by the USAID AO at the moderate level. All USAID Users utilize two-factor authentication to access Google Workspace Applications.

Google Mail DLP actively scans all outbound messages for defined PII elements and quarantines emails that may violate defined transmission rules. Messages are then manually released by an approved administrator.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, telephone number, and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

The USAID rules for accessing records, contesting contents, and appealing initial agency determinations are contained in 22 CFR part 212 or may be obtained from the program manager or system owner.

Individuals seeking to determine if information about themselves is contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. Individuals may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

None

76 FR 44888, July 27, 2011.

-32 Reasonable Accommodation Records.

Office of Civil Rights and Diversity, United States Agency for International Development (USAID), 1300 Pennsylvania Avenue, NW, Washington, DC 20523-2120.

Individuals who are current or former USAID employees and applicants, and who have requested reasonable accommodation under the Rehabilitation Act of 1973, as amended.

This system of records contains information or documents compiled during the reasonable accommodation request process. These records may contain names, employment status, addresses, e-mail addresses, telephone numbers, occupational series, grade level, Agency office; the details of the reasonable accommodation request or emergency assistance request, type of accommodation requested, information concerning the nature of the disability and the need for accommodation, medical documentation, sources of technical assistance consulted to identify and procure reasonable accommodations, the details of the Agency determination; and any other information related to the request.

This system is established and is maintained pursuant to 5 U.S.C. 301, Departmental Regulations; the Rehabilitation Act of 1973, 29 U.S.C. 791; E.O. 13164 - Requiring Federal Agencies To Establish Procedures To Facilitate the Provision of Reasonable Accommodation; and E.O. 13548, Increasing Federal Employment of Individuals with Disabilities

The purpose of this system is to allow USAID to collect and maintain records on applicants and employees with disabilities who requested or received reasonable accommodation by the Agency as required by the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). This system is maintained for the purpose of processing, deciding, and implementing requests for reasonable accommodation made by USAID employees and applicants. The purpose of this system is also to track and report the processing of requests for reasonable accommodation Agency-wide to comply with applicable law and regulations and to preserve and maintain the confidentiality of medical information.

(1) To the Department of Justice, (including United States Attorney Offices), or other appropriate Federal Government agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when it is necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation (1) USAID or any component thereof; (2) any employee of USAID in his/her official capacity; (3) any employee of USAID in his/her individual capacity where DOJ or USAID has agreed to represent the employee; or (4) the United States or any agency thereof, is a party to the litigation or has an interest in such litigation, and USAID determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which USAID collected the records.

(2) To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains.

(3) To the National Archives and Records Administration (NARA) or other federal government agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

(4) To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

(5) To appropriate agencies, entities, and persons when (1) USAID suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) the Agency has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by USAID or another agency or entity) or harm to the individual that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

(6) To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for USAID, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use is subject to the same Privacy Act requirements and limitations on disclosure as are applicable to USAID officers and employees.

(7) To an appropriate federal, state, or local law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, where a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.

(8) To a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings or in response to a subpoena from a court of competent jurisdiction.

(9) To another federal agency or commission with responsibility for labor or employment relations or other issues, including equal employment opportunity and reasonable accommodation issues, when that agency or commission has jurisdiction over reasonable accommodation.

(10) To appropriate third parties contracted by USAID to facilitate mediation or other dispute resolution procedures or programs.

(11) To a Federal agency or entity that requires information relevant or related to a reasonable accommodation decision and/or its implementation.

(12) To medical personnel and first responders, to meet a bona fide emergency, including medical emergencies.

(13) To attorneys, union representatives, or other persons designated by USAID employees in writing to represent them in a grievance, complaint, appeal, or litigation case.

(14) To an authorized appeal grievance examiner, formal complaints examiner, administrative judge, equal employment opportunity investigator, arbitrator or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee.

(15) To labor organization officials when such information is relevant to personnel policies affecting employment conditions and necessary for exclusive representation by the labor organization.

Storage:

Records in this system are stored on paper and/or electronic form; and are maintained in locked cabinets and/or user-authenticated, password-protected systems.

Records are retrieved by the names of the individuals about whom they are maintained and/or the number assigned to the accommodation request. In the case of electronic databases, information may be retrieved by other identifying search terms.

Information in this system is safeguarded in accordance with applicable laws, rules and policies, including the Agency’s automated directive system (ADS). In general, records are maintained in buildings with restricted access. The required use of password protection identification features and other system protection methods also restrict access. Access to records is restricted to those authorized USAID personnel and authorized contractors who have an official need in the performance of their official duties.

Records are retained and disposed of in accordance with the Equal Employment Opportunity Commission’s Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation, Directives Transmittal Number 915.003, October 20, 2000; and in accordance with the National Archives and Records Administration (NARA) General Records Schedule 1, Civilian Personnel Records, Item 24, Reasonable Accommodation Request Records.

Reasonable Accommodation Program Manager, Office of Civil Rights and Diversity, United States Agency for International Development, 1300 Pennsylvania Avenue, NW, Washington, DC 20523-2120.

Same as Record Access Procedures.

Requesters using 1 through 4 may provide a written statement or may complete and submit USAID Form 507-1, Freedom of Information / Privacy Act Record Request Form, which can be obtained: a) on the USAID website at www.usaid.gov/foia -requests; b) by email request to foia@usaid.gov; or c) by writing to the USAID FOIA Office, Bureau for Management, Office of Management Services, Information and Records Division, 1300 Pennsylvania Avenue, NW, Room 2.07C – RRB, Washington, DC 20523-2701, and provide information that is necessary to identify the records, including the following: Requester’s full name; present mailing address; home telephone; work telephone; name of subject, if other than requester; requester relationship to subject; description of type of information or specific records; and purpose of requesting information. Requesters should provide the system of record identification name and number, if known; and, to facilitate the retrieval of records contained in those systems of records which are retrieved by Social Security Numbers, the Social Security Number of the individual to whom the record pertains.

Sources of records include individuals who have requested reasonable accommodation and supporting documentation from USAID officials, employees, and agents, and/or healthcare professionals involved in the reasonable accommodation request, response, and implementation process.

None.

-33 Phoenix Financial Management System.

Sensitive But Unclassified.

(1) Beltsville Information Management Center (BIMC), 8101 O'Dell Rd., Beltsville, MD 20705--DRP Servers

(2) Global Financial Service Center (GFSC--DoS), 1969 Dyess Ave., Building A, Computer Room 2A228, Charleston, SC 29405--Production Servers

(3) Terremark, 50 Northeast 9th Street, Miami, FL 33132--Terremark Data Center Reporting, Development and Test Servers.

This system contains records of current employees, contractors, personal service contractors (PSCs), consultants, partners, and those receiving foreign assistance funds.

This system contains USAID organizational information. Phoenix imports the following data elements from NFC Payroll files for Personnel Services Contractors (PSC) and direct hires: Name, social security number, details of payroll transactions and work phone numbers. Phoenix imports the following data elements from the E2 Travel system for each traveler: Name, date of travel (month/year) and destination.

Privacy Act of 1974 (Pub. L. 93-579), sec. 552a(c), (e), (f), and (p).

Records in this system will be used:

(1) The payroll information is used to associate PSC payroll-related payments with their contracts and track direct hire payroll payments in the system in order to produce 1099 files. If this information is not imported form NFC to Phoenix, then USAID cannot comply with IRS regulations to maintain and produce 1099s

(2) The travel information is used to associate E2 travel records with Phoenix accounting information regarding travel authorization and funding.

USAID may disclose relevant system records in accordance with any current and future blanket routine uses established for its record systems. These may be for internal communications or with external partners

Disclosure to consumer reporting agencies:

These records are not disclosed to consumer reporting agencies.

Storage:

Electronic records are maintained in user-authenticated, password-protected systems.

All records are accessed only by authorized personnel who have a need to access the records in the performance of their official duties. Information is retrieved by name or by a system specific ID (Vendor ID, Traveller ID, etc.). SSN is not employed as a key, but only present for tax reporting purposes.

Administrative, managerial and technical controls are in place. Phoenix has a current Security Assessment and Authorization (A&A) in place. Phoenix is secured through access control provided to only those individuals with a need to know within the Agency. Further, access to the PII is limited to the staff within the CMP and CAR divisions. Phoenix is maintained by the U.S. government, not contractors.

Records are retained in accordance with approved National Archives and Records Administration Schedules.

David Ostermeyer, United States Agency for International Development, U.S. Department of State Annex 44, 455, 301 4th Street SW., Washington, DC 20547.

Individuals requesting notification of the existence of records on them must send the request in writing to the Chief Privacy Officer, USAID, 2733 Crystal Drive, 11th Floor, Arlington, VA 22202. The request must include the requestor's full name, his/her current address and a return address for transmitting the information. The request shall be signed by either notarized signature or by signature under penalty of perjury and reasonably specify the record contents being sought.

Individuals wishing to request access to a record must submit the request in writing according to the "Notification Procedures" above. An individual wishing to request access to records in person must provide identity documents, such as government-issued photo identification, sufficient to satisfy the custodian of the records that the requester is entitled to access.

The records contained in this system will be provided by and updated by the individual who is the subject of the record.

None.

-34

USAID -34, Personal Services Contracts Records.

Sensitive But Unclassified.

United States Agency for International Development (USAID), 1300 Pennsylvania Avenue, NW, Washington, DC 20523; AWS East Ashburn, 21155 Smith Switch Road, Ashburn, VA, USA; AWS West Oregon, 73575 Lewis & Clark Drive, Boarman, Oregon 97818; and other USAID offices in the United States and abroad that have personal services contractor hiring authority and their corresponding automated data processing facilities.

Francisco Escobar, 1300 Pennsylvania Ave, NW, USAID Annex: 10.6.IH, Washington DC 20523. pscpolicymailbox@usaid.gov.

The system was established and is maintained pursuant to the Foreign Assistance Act, Pub. L. 87-165, as amended; 48 CFR 37. 104, Personal services contracts; 48 CFR Ch. 7, App. D, Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad; Executive Order 14043, Requiring Coronavirus Disease 2019 Vaccination for Federal Employees (Sept. 9, 2021); 5 U.S.C. 30, Departmental Regulations; 44 U.S.C. 3101, Records Management by Agency Heads; and E.O. 9397, as amended.

The records are collected, used, maintained, and disseminated for the purposes of administering personal services contracts, including: personal services contracts records, pay, and benefits determinations and processing; determining accountability and liability of contract parties; reports of contractor actions; documenting clearances and eligibility to access USAID facilities; ensuring personal and workplace safety; and other records as may be required by federal laws, regulation, or guidance required in connection with the personal services contractor during the contract cycle.

The system contains records on individuals who are current and/or former personal services contractors with USAID and certain family members. It also contains records on current and former candidates for a personal services contract with USAID.

This system consists of records created or compiled for contract actions related to personal services contractors, including personal services contractor files and contract documents. A personal services contractor file includes:

•Proof of Citizenship, including passport, social security number or other national identification number, and Selective Service Registration data.

•Individual’s Contact Information, including: name, employee identification numbers, job titles, home/work addresses, home/work telephone numbers, email addresses, ages, and addresses of family members, next of kin, power of attorney or alternate contact persons.

•Individual’s Biographical Information, including: date of birth, place of birth, education, military service, financial information, photograph of individual, language proficiencies, licenses and certifications.

•Demographic Information: such as race, gender, sexual orientation, marital status.

•Employment information, such as employment history and address, past supervisor names and phone numbers, salary history, travel availability, training received, assignments, position number, performance evaluations, release forms and out-processing checklists.

•Financial Information, including: financial institution account number, direct deposit information, and salary computation worksheet.

•System Access/Usage information: IP addresses, passwords, usernames, geotags or geographical metadata.

•Medical Information, such as vaccination records, test results, medical clearances, and insurance information.

•Treatment Records, such as referrals to testing sites, treatment facilities and/or organizations that conduct clinical trials/studies.

•Contracting Documentation, including Unique Entity Identifier (UEI), application, Statement of Work, Qualifications Approval Memoranda, Salary Compensation worksheet, performance evaluations, out-processing/close out form, leave balances, Final Offer Letter, and correspondence.

Note 1: Listed below are other types of records that contain information about Personal Services Contractors, which are not covered by this system of records. Such records are covered by a government-wide system of records, GSA/GOVT-9/SAM, which is managed by the General Services Administration. Records covered by the government-wide SORNs include:

•The information voluntarily provided as part of the process to register to do business with the Federal government.

•Exclusion records to suspend, debar, or otherwise declare individuals ineligible from receiving certain Federal assistance and/or benefits.

Information contained in this system is obtained from:

•The individual to whom the information pertains;

•The individual’s former employers;

•Supervisors, contracting officers and contracting officers’ representatives in USAID bureaus and missions, Office of Human Resources employees and other Agency officials;

•Those authorized by the individual to furnish information to USAID; and

•Related correspondence from other Federal agencies, organizations, or persons.

(1) To the Internal Revenue Service and the Social Security Administration for the purposes of reporting earnings information.

(2) To a Federal Government agency or entity that furnished the record or information for the purposes of permitting that agency or entity to make a decision as to access to or correction of the record or information.

(3) To Federal agencies with which USAID has entered into an agreement to provide services to assist USAID in carrying out its functions under the Foreign Assistance Act of 1961, as amended. Such disclosures would be for the purpose of transmission of information between organizational units of USAID; of providing to the original employing agency information concerning the services of its employee while under the supervision of USAID, including performance evaluations, reports of conduct, awards and commendations, and information normally obtained in the course of personnel administration and employee supervision; or of providing other information directly related to the purposes of the inter-agency agreement as set forth therein, and necessary and relevant to its implementation.

(4) To a prospective employer of a current or former USAID personal services contractor for the purposes of providing the following information to prospective employers: Job descriptions, dates of contract, and reason for termination of contract.

(5) To appropriate agencies, entities, and persons for the purposes of confirming the qualifications of an applicant for the award of a personal services contract.

(6) To the General Services Administration and the Office of Management and Budget for the purposes of periodic reporting required by statute regulations, and/or Executive order. Information provided is in the form of listings, reports, and records of all transportation and travel related transactions, including refunds and adjustments, by the contractor, to enable audits of transportation and travel related charges to the Government.

(7) To a court, magistrate, or other administrative body in the course of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal proceedings, when USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(8) To the Department of Justice or other appropriate United States Government Agency when the records are arguably relevant to a proceeding in a court or other tribunal in which USAID or a USAID official in his or her official capacity is a party or has an interest, or when the litigation is likely to affect USAID.

(9) In the event of an indication of a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by statute or particular program pursuant thereto, to the appropriate agency, whether federal, state, local or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto.

(10) To the Department of State and its posts abroad for the purpose of transmission of information between organizational units of USAID, or for purposes related to the responsibilities of the Department of State in conducting United States foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, ensuring fiscal accountability in transporting the effects personnel stationed at embassies, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their duties.

(11) To a foreign government or international agency in response to its request for information to facilitate the conduct of U.S. relations with that government or agency through the issuance of such documents as visas, country clearances, identification cards, drivers' licenses, diplomatic lists, licenses to import or export personal effects, and other official documents and permits routinely required in connection with the official service or travel abroad of the individual and his or her dependents.

(12) To Shipping Contractors limited information is provided, such as delivery address and telephone number, for the purposes of providing shipping services.

(13) To appropriate officials and employees of a federal agency or entity when the information is relevant to a decision concerning the hiring, appointment, or retention of a contractor; the assignment, detail or deployment of a contractor; the issuance, renewal, suspension, or revocation of a security clearance; the execution of a security or suitability investigation; the letting of a contract; or the issuance of a grant or benefit.

(14) To the National Archives and Records Administration for the purposes of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

(15) To appropriate agencies, entities, and persons when (a) USAID suspects or has confirmed that there has been a breach of the system of records, (b) USAID has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, USAID (including its information systems, programs, and operations), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(16) To another Federal Department or Agency or Federal entity, when USAID determines information from this system of records is reasonably necessary to assist the recipient Department or Agency or entity in: (a) responding to a suspected or confirmed breach; or (b) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs and operations), the Federal Government, or national security, that might result from a suspected or confirmed breach.

(17) To the Office of Management and Budget in connection with review of private relief legislation, as set forth in OMB Circular No. A-19, at any stage of the legislative coordination and clearance process as set forth in that Circular.

(18) To an agency or organization for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

(19) To the Federal Bureau of Investigation, the Department of Homeland Security, the National Counter-Terrorism Center (NCTC), the Terrorist Screening Center (TSC), or other appropriate federal agencies, for the integration and use of such information to protect against terrorism, if that record is about one or more individuals known, or suspected, to be or to have been involved in activities constituting, in preparation for, in aid of, or related to terrorism. Such information may be further disseminated by recipient agencies to Federal, State, local, territorial, tribal, and foreign government authorities, and to support private sector processes as contemplated in Homeland Security Presidential Directive/HSPD–6 and other relevant laws and directives, for terrorist screening, threat-protection, and other homeland security purposes.

(20) To a congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual.

Records in this system are retrieved by various combinations of name, identifying number, account number, contract number, phone number, email address, or other unique identifier.

Records are retained and disposed of in accordance with the Federal Acquisition Regulations and/or the National Archives Records Administration’s General Records Disposition Schedules, and the agency’s approved disposition schedules.

USAID safeguards records in this system according to applicable rules and policies, including all applicable USAID Automated Directives System (ADS) operational policies. USAID has implemented controls to minimize the risk of compromising the information that is being stored. In general, records are maintained in buildings with restricted access. The required use of password protection identification features and other system protection methods also restrict access. Paper records and Sensitive But Unclassified records are kept in an approved security container at the USAID Washington headquarters, and at the relevant locations where USAID has a program. The electronic records are stored in the Agency Secure Image and Storage Tracking (ASIST) or other document management systems, which are safeguarded in accordance with applicable laws, rules, and policies, including USAID's automated systems security and access policies. Access to the system containing the records in this system is limited to those individuals who have a need to know the information for performance of their official duties and who have appropriate clearances and permissions.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, telephone number, and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

The USAID rules for accessing records, contesting contents, and appealing initial agency determinations are contained in 22 CFR part 212 or may be obtained from the program manager or system owner.

Individuals seeking to determine if information about themselves is contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. Individuals may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

Pursuant to 5 U.S.C. 552a(k)(5) and as specified in 22 CFR 215.14(a)(5) and (c)(5), certain records in this system of records are exempt from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G); (H); (I); and (f).

80 FR 11391, March 3, 2015

-35

USAID - 35 Employee Assistance Program (EAP) Records.

Sensitive but Unclassified.

Harting EAP Corporate Office, 4972 Benchmark Centre Drive Suite 200, Swansea, IL 62226.

Supervisory Social Worker, Staff Care Center, Office of Human Capital and Talent Management, United States Agency for International Development, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. Email: staffcarecenter@usaid.gov.

Title 5 United States Code (U.S.C.) Section (§) 7901 - Health Service Programs, and Public Law 79-658; 42 U.S.C. §§ 290dd-1, 290ee-1; 42 U.S.C. §290dd–2; 5 USC §§ 7361 and 7362, The Federal Employee Substance Abuse Education and Treatment Act of 1986, and Title 5 Code of Federal Regulations (CFR) Part 792; Public Laws 96-180 and 96-181; Public Law 79-658; Executive Order 12564; 44 U.S.C. 3101; 5 CFR Part 792, Federal Employees' Health, Counseling, and Work/Life Programs, Subpart A42; CFR Part 2, Confidentiality of Substance Use Disorder Patient Records; Public Law 100–71, 101 Stat. 4711, as amended, Program Supplementals; Public Laws 96-180 and 96-181.

Diverse laws and policies require USAID to maintain the confidentiality of an employee, to the extent permitted by law. These include:

● 42 CFR Part 2

● The Privacy Act of 1974

● State laws, especially those covering child and elder abuse reporting

● Professional association standards and codes of ethics.

This system will maintain information collected and/or generated for the provision of services by USAID Staff Care. USAID Staff Care promotes a range of programs, services, and resources designed to bolster the resilience, wellness, and work-life balance of USAID’s workforce and their family members. The information contained in this system will be used to monitor the EAP client’s progress and participation in the EAP or EAP-related community programs (such as support groups, Alcoholics Anonymous, etc.). EAP is a voluntary program that provides cost-free and confidential assessment, short-term counseling, referral, and follow-up services to its clients who experience personal and/or work-related challenges that may affect attendance, work performance, and/or conduct.

USAID employees and their eligible family members, who seek and/or receive assistance through, or are referred by their supervisors or other Agency officials for assistance through the EAP.

This system contains records on USAID Staff Care clients. Records may contain the following information:

●Client Contact Information, including: Name, Employee Identification Numbers, Job Title/Series, Grade, Home/Work Address, Home/Work Telephone Number, and Emergency Contact of EAP Clients.

●Client Sociodemographic Information, including: Date of Birth, Race, Gender, Sexual Orientation, Marital Status, Relationship of Family Member to USAID employee.

●Employment information, including: employment history, records related to work performance or conduct issues, such as records of referrals, leave usage, supervisory/organizational interventions.

●Treatment Records, including: Counselor Intake forms, consultation notes, treatment plans, treatment recommendations, referrals to third-party service providers. Referrals may include those to community-based resources, treatment facilities and/or organizations that provide legal, financial, or other assistance not related to mental health or general medical services. Where clinical referrals have been made, records may include relevant information related to counseling, diagnosis(es), prognosis(es), treatment, and evaluation, along with follow-up data that may be generated by the community program providing the relevant services. Written consent forms are used to permit the disclosure of information outside the EAP.

●Records related to Substance Abuse Testing and Treatment, including: drug and alcohol test results, evaluations, treatment and rehabilitation plans, records of referrals and other information that may be generated by USAID’s Drug-Free Workplace Program or treatment facilities from which the EAP client may be receiving treatment.

●Service Provider Information, including: Account Number, Contractor Billing Information, Insurance Information and Government Payments Note 1: Listed below are other types of records that contain information about employee health and fitness, which are not covered by this system of records. Such records are covered by a government-wide system of records (OPM/GOVT-10), which is managed by the U.S. Office of Personnel Management. Records covered by OPM/GOVT-10 include:

●Medical records, forms, and reports completed or obtained when an individual applies for a Federal job and is subsequently employed

●Medical records, forms, and reports completed during employment as a condition of employment, either by the USAID or by another State or local government entity, or a privacy sector entity under contract to USAID

●Records pertaining to and resulting from drug screening for use of illegal drugs under Executive Order 12564

●Reports of on-the-job injuries and medical records, forms, and reports generated as a result of the filing of a claim for Workers Compensation.

Information contained in this system is obtained from:

●The individual to whom the information pertains

●The individual’s supervisors or coworkers

●Medical staff who have examined, tested, or treated the individual

●Laboratory reports and test results

●Employee’s bargaining unit

Other external sources who provide relevant information to facilitate the provision of services by the EAP contractor.

In the case of drug abuse counseling, records may also be generated by those administering USAID’s Drug-Free Workplace Program.

The confidentiality of services provided through EAP is strictly maintained. In addition to those disclosures generally permitted under 5 U.S.C. 552a(b), relevant records or information in this system may be disclosed without the EAP client consent as follows:

(a) To law enforcement officers to report information directly related to an EAP client’s commission of a crime on the premises of the EAP program or against EAP program personnel or a threat to commit such a crime, provided that the disclosure is limited to the circumstances of the incident, including the client status of the individual committing or threatening to commit the crime, that individual’s name and address, and that individual’s last known whereabouts.

(b) To appropriate State or local authorities to report, where required under State law, incidents of suspected child, elder, or domestic abuse or neglect.

(c) To any person or entity to the extent necessary to prevent an imminent crime which directly threatens loss of life or serious bodily injury.

(d) To an authorized designee who is responsible for the care of an EAP client when the EAP client to whom the records pertain is mentally incompetent or under legal disability.

(e) To contractors or authorized EAP community health care providers that provide counseling and other services through referrals from the EAP staff to the extent that it is appropriate, relevant, and necessary to enable the contractor or provider to perform his or her evaluation, counseling, treatment, and rehabilitation responsibilities.

(f) To contractors and their agents, grantees, experts, consultants, and others (e.g., providers contracted to provide Staff Care services to USAID employees and their family members) performing or working on a contract, service, grant, cooperative agreement, or other assignment for USAID, when necessary to accomplish an Agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to USAID officers and employees.

(g) To Medical or Emergency Response Personnel to the extent necessary to meet a bona fide medical emergency.

(h) To a Federal, State or local agency, professional licensing authority, or other appropriate entities as required to ensure the professional responsibility requirements are met by EAP employees.

(i) To a court, magistrate, or other administrative body in the course of presenting evidence, including disclosures to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal or administrative proceedings, when the USAID is a party to the proceeding or has a significant interest in the proceeding, to the extent that the information is determined to be relevant and necessary.

(j) To appropriate agencies, entities, and persons when: (1) USAID suspects or has confirmed that there has been a breach of the system of records; (2) USAID has determined that as a result of the suspected or confirmed breach, there is a risk of harm to individuals (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with USAID’s efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

(k) To another federal agency or federal entity, when USAID determines that the information from the system of records is reasonably necessary to assist the recipient agency or entity in: (1) responding to a suspected or confirmed breach; or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, that might result from a suspected or confirmed breach.

(l) To the National Archives and Records Administration (NARA) for the purposes of records management inspections conducted under the authority of Sections 2904 and 2906 of Title 44 of the U.S.C. and in its role as Archivist.

Note 2: To the extent that disclosure of substance abuse patient records is more restricted than disclosure of other EAP records, the EAP staff will follow such restrictions. See 42 U.S.C. 290dd–2; 42 CFR Part 2. Similarly, nothing in these routine uses should be construed as authorizing a disclosure which is prohibited under State law; nor may any State law either authorize or compel any disclosure of substance abuse patient records not encompassed by this Notice and governing EAP regulations. (See 42 CFR 2.20.)

USAID EAP staff indexes and retrieves records by the name of the EAP client or by an identifying case number that is cross-indexed to the EAP client’s name.

●Records not related to performance or conduct. These records are destroyed seven (7) years after termination of counseling for adults, or three (3) years after a minor reaches the age of majority, or when the State-specific statute of limitations has expired for contract providers subject to State requirements.

●Records related to employee performance or conduct. These records are destroyed once the employee has met condition(s) specified by agreement or adverse action or a performance-based action case file has been initiated.

Only the EAP Director or equivalent may destroy or dispose of EAP records and must have at least one witness present when paper records are destroyed, or electronic records are deleted. The witness must be an Agency employee familiar with handling confidential records. Whenever possible, witnesses should be other EAP staff members. All EAP records must be destroyed and/or deleted using Agency-approved disposal procedures.

USAID EAP personnel maintain Internal EAP records. Access to USAID buildings where records are located is restricted by 24-hour electronic identification.

For Paper Records: USAID secures records in lockable metal filing cabinets within a locked room when not in use. Access to these records are strictly limited to authorized USAID EAP personnel. Only the case number appears on the file label. The file is cross-referenced with a separately secured list with a corresponding name and case number.

For Electronic Records: USAID EAP personnel store and password-protect electronic records in a user-authenticated, USAID-issued computer and/or a USAID-approved, computerized database system. These records are maintained separately from other systems of record. Access to these electronic records is strictly limited to authorized USAID EAP personnel.

USAID EAP contractors are also required to maintain all USAID EAP client records with similar safeguards to ensure the security and confidentiality of EAP records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained.

All persons having access to these records shall be trained in the proper handling of records covered by the Privacy Act and 42 CFR Part 2 (Confidentiality of Alcohol and Drug Abuse Patient Records). These acts restrict disclosures to unique situations, such as threats of physical harm, medical emergencies, and suspected child abuse, except where the client has consented in writing to such disclosure. Clients of the EAP will be informed in writing of the confidentiality provisions. Secondary disclosure of released information is prohibited without client consent.

Under the Privacy Act, individuals may request access to records about themselves. These individuals must be limited to citizens of the United States or aliens lawfully admitted for permanent residence. If a Federal Department or Agency or a person who is not the individual who is the subject of the records, requests access to records about an individual, the written consent of the individual who is the subject of the records is required.

Individuals seeking access to information about themselves contained in this system of records should address inquiries to the Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD), USAID Annex - Room 2.4.0C, 1300 Pennsylvania Avenue, NW, Washington, DC 20523. The requester may complete and sign a USAID Form 507-1, Certification of Identity Form or submit signed, written requests that should include the individual's full name, current address, telephone number, and this System of Records Notice number. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:

●If executed outside the United States: "I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)."

●If executed within the United States, its territories, possessions, or commonwealths: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)."

See Section 3.20 above, Record Access Procedures. Individuals may also contact the appropriate EAP System of Records Manager at the USAID Staff Care email address: staffcarecenter@usaid.gov to: (i) request access, contest, or amend a notification of records; and (ii) to determine the location of particular EAP records created by contractors on behalf of USAID, or maintained by contractors at the contractor’s location.

See Section 3.20 above, Record Access Procedures.

None.

	Mailing address	Location
Office
I. In the United States:
State Department	A.I.D., Washington, DC 20523	320 21st St. NW., Washington, DC.
State Department, Annex 2	-do-	515 22d St. NW, Washington, DC
State Department, Annex 5	-do-	1901 Pennsylvania Ave. NW, Washington, DC
State Department, Annex 11	-do-	1401 Wilson Blvd., Arlington, VA
Universal North Building	-do-	1975 Florida Ave. NW, Washington, DC
Pomponio Plaza Building	-do-	1735 North Lynn St., Arlington, VA
Rosslyn Plaza "E" Building	-do-	1621 N. Kent St., Arlington, VA
Rosslyn Plaza "C" Building	-do-
New Cumberland	A.I.D. Excess Property Division, Building 54-5, New Cumberland Army Depot, New Cumberland, Pa. 17070.	Building 54-5, New Cumberland Army Depot, New Cumberland, Pa. 17070
Mission
II. Abroad:
Afghanistan	USAID to Afghanistan, c/o American Embassy, Kabul, Afghanistan	Wazir Abkar Khan Mina, Kabul, Afghanistan
Bangladesh	USAID, c/o American Embassy, Dacca, Bangladesh	Adamjee Court Bldg. Montijheel, Dacca, Bangladesh
Brazil	USAID to Brazil, CAIZA Postal 14-2324, Brasilia D.F., Brazil	Ed. Bandeirantes, SCS Q. 17, Lote 2/5, Brasilia, Brazil
British Honduras	American Consulate, Belize City, British Honduras	Gabourel Lane and Hutson St., Belize City, Belize
Bolivia	USAID to Bolivia, c/o American Embassy, La Paz, Boliva	363 Almirante Grau St., La Paz, Bolivia
Chad	Country Development Officer, c/o American Embassy, N'Djamena, Chad	Rue du Lt. Col. Colonna d'Ornano, N'Ljamena, Chad
Cameroon	Area Development Office, c/o American Embassy, Yaounde, Cameroon	Rue Nachtigal, Yaounde, Cameroon
Chile	USAID to Chile, c/o American Embassy, Santiago, Chile	Avenida B. O'Higgins No. 1146, Santiago, Chile
Colombia	USAID to Colombia, c/o American Embassy, Bogota, Colombia	Carrera 10 Nr 28-49, Bogota, Colombia
Costa Rica	Office of AID Affairs, c/o American Embassy, San Jose, Costa Rica	Avenida 3 Calle 1, San Jose, Costa Rica
Dominican Republic	USAID to Domincan Republic, c/o American Embassy, Santo Domingo, Dominican Republic	Calle Cesar Nicolas Pensen and Calle, Leopoldo Navarro, Santo Domingo, Dominican Republic
Ecuador	USAID to Ecuador, c/o American Embassy, Quito, Ecuador	120 Avenida Patria, Quito, Ecuado
Egypt	USAID, American Embassy, Cairo, Egypt	5 Sharia Latin America, Cairo, Egypt
El Salvador	USAID to El Salvador, c/o American Embassy, San Salvador, El Salvador	No. 1230, 25 Avenida Norte, San Salvador, El Salvador
Ethiopia	USAID to Ethiopia, c/o American Embassy, Addis Ababa, Ethiopia	Crown Prince Asfaw Wossen St., Addis Ababa, Ethiopia
France	U.S. Mission to the OECD, c/o American Embassy, Paris, France	13 Villa Croix Nivert, Paris, France
Ghana	USAID, PO Box 1630, Accra, Ghana	Liberia and Rowe Roads, Accra, Ghana
Guatemala	USAID/ROCAP, c/o American Embassy, Guatemala City, Guatemala	USAID/ROCAP, 7-86, 8th St., Zone 9, Guatemala City, Guatemala
Guyana	USAID to Guyana, c/o American Embassy, Georgetown, Guyana	65 Main St., Georgetown, Guyana
Haiti	Office of AID Representative, American Embassy, Port au Prince, Haiti	American Embassy, Harry Truman Blvd., Port au Prince, Haiti
Honduras	USAID to Honduras, c/o American Embassy, Tegucigalpa, Honduras	Avenida La Paz, Tegucigalpa, Honduras
Iceland	American Embassy, Reykjavik, Iceland	Laufasvegur 21, Reykjavik, Iceland
India	USAID to India, c/o American Embassy, New Delhi, India 11	Shanti Path, Chanakyapuri 21, New Delhi, India
Indonesia	USAID to Indonesia, c/o American Embassy, Jakarta, Indonesia	Medan Merdeka, Selatan 5, Jakarta, Indonesia
Italy	American Embassy, Rome, Italy	Via Veneto 119, Rome, Italy
Ivory Coast	Regional Economic Development Services Offices/West Africa, c/o American Embassy, Abidjan, Ivory Coast	5, Rue Jesse Owens, Abidjan, Ivory Coast
Jamaica	Office of AID Affairs, c/o American Embassy, Kingston, Jamaica	American Embassy, 43 Duke St., Kingston, Jamaica
Jordan	American Embassy, Amman, Jordan	Jebel Amman, Amman, Jordan
Kenya	USAID to Kenya, PO Box 30261, Nairobi, Kenya	Cotts House, Eliot St., Nairobi, Kenya
Korea	USAID to Korea, c/o American Embassy, Seoul, Korea	New Seoul Bldg. 1503 62-7, 2-KA, Chungmu-Ro; Chung-Ku, Seoul, Korea
Lebanon	AID Regional Training Office, c/o American Embassy, Beirut, Lebanon	Corniche at Rue Aiv Mreisseh, Beirut, Lebanon
Liberia	USAID, PO Box 1445, Monrovia, Liberia	United Nations Dr., Monrovia, Liberia
Mali	Country Development Officer, c/o American Embassy, Bamako, Mali	Rue Testard and Rue Mohamed V. Bamako, Mali
Mauritania	Country Development Officer, c/o American Embassy, Nouakchott, Mauritania	American Embassy, Nouakchott, Mauritania
Mexico	Office of AID Affairs, c/o American Embassy, Mexico D.F. Mexico	Cor. Danubio and Paseo de la Reforma, 305, Colonia Cuauhtemoc, Mexico D.F. Mexico
Morocco	USAID to Morocco, c/o American Embassy, Rabat, Morocco	2 Ave. de Marrakech, Rabat, Morocco
Nepal	USAID to Nepal, c/o American Embassy, Kathmandu, Nepal	Rabi Bhawan, Kathmandu, Nepal
Nicaragua	USAID to Nicaragua, c/o American Embassy, Managua, Nicaragua	Boulevard Somoza, Managua, Nicaragua
Niger	Area Development Office, c/o American Embassy, Niamey, Niger	Yantala Road, Niamey, Niger
Nigeria	USAID to Nigeria, c/o American Embassy, Lagos, Nigeria	1/3 Moloney St., Lagos, Nigeria
Parkistan	USAID, PO Box 1208, Islamabad, Pakistan	Diplomatic Enclave, Ramna 4, Islamabad, Pakistan
Panama	USAID to Panama, c/o American Embassy, Panama City, Panama	USAID Main Bldg., Cemento Panama Bldg., Manuel Espinosa Batista, Panama City, Panama
Paraguay	USAID to Paraguay, c/o American Embassy, Asuncion, Paraguay	390 Kubitschek, Asuncion, Paraguay
Peru	USAID to Peru, c/o American Embassy, Lima, Peru	Av. Espana 386, Lima, Peru
Philippines	USAID to the Republic of the Philippines, c/o American Embassy, Manila, Philippines	1680 Roxas Blvd., Manila, Philippines
Portugal	American Embassy, Lisbon, APO New York 09678	Avenida Duque de Loule No. 39, Lisbon, Portugal
Puerto Rico	c/o Assistant Secretary, International Exchange, Department of State, Commonwealth of Puerto Rico, San Juan, Puerto Rico	OTC, San Juan, Puerto Rico
Senegal	Area Development Office, c/o American Embassy, Dakar, Senegal	BIAO Building, Place de I'Independance, Dakar, Senegal
Sri Lanka	Office of AID Representative c/o American Embassy, Colombo, Sri Lanka	44 Galle Road, Colpetty, Colombo, Sri Lanka
Sudan	AID Affairs Office, c/o Embassy of the Netherlands, Khartoum, Sudan	Gambouria Ave., Khartoum, Sudan
Swaziland	Office of Southern African Regional Activities, Coordination/Mbabane, c/o American Embassy, Mbabane, Swaziland	OSA RAC-Hdqts., 218 Gilifilan St., Mbabane, Swaziland
Switzerland	U.S. Mission to International Organization, c/o Amemb, Geneva, Switzerland	80 Rue de Lausanne, Geneva, Switzerland
Syria	Office of AID Representative, c/o American Embassy, Damascus, Syria Arab Republic	Chare (Ave.) Al- Mansour, Abu, Rummanih, Damascus, Syria
Taiwan	Office of AID Affairs, c/o American Embassy, Taipei, Taiwan	No. 2 Chung Hsiao West Road, Second Sectiori, Taipei, Taiwan
Tanzania	USAID to the United Republic of Tanzania, c/o American Embassy, Dar es Salaam, Tanzania	National Bank of Commerce Bldg. on City Drive, Dar es Salaam, Tanzania
Thailand	USOM, c/o American Embassy, Bangkok, Thailand	95 Wireless Road, Bangkok, Thailand
Togo	Area Development Officer, c/o American Embassy, Niamey, Niger	Rue Pelletier Caventor and rue Vauban, Lome, Togo
Tunisia	USAID to Tunisia, c/o American Embassy, Tunis, Tunisia	149 Aveneue de la Liberte, Tunis, Tunisia
Turkey	USAID, PK 39, Cankaya, Ankara, Turkey	Cinnah Caddesi, No. 16, Ankara, Turkey
Upper Volta	AID Country Development Officer, c/o American Embassy, Ouagadougou, Upper Volta	Boite Postale 35, Ouagadougou, Upper Volta
Uruguay	Office of AID, Representative/Montevideo, c/o American Embassy, Montevideo, Uruguay	Lauro Muller 1776, Montevideo, Uruguay
Yemen	Office of AID Affairs, c/o American Embassy, Sana, Yemen	American Embassy, Sana, Yemen Arab Republic
Zaire	USAID to Republic of Zaire, c/o American Embassy, Kinshasa, Republic of Zaire	310 Ave. des Aviateurs, Kinshasa, Zaire